Archived Webinar

The Role, Impact, and Consequences of Litigation in Kenyan PPPs

This is a joint initiative of the World Bank Group and the PPP Unit Kenya.

While Kenya is still in the early stages of implementing a structured PPP program, litigation seems to be an emerging reality; this has both positive and negative ramifications.

Section 67 of the PPP Act 2013 provides for a Petition Committee to receive and resolve all complaints relating to the procurement of a PPP project in Kenya. The Petition Committee is in line with Article 50 of the Constitution of Kenya and acts as a tribunal to promote procedural fairness and transparency in the procurement of PPPs.

Specific Petition Committee Guidelines were published in 2014 to support its functioning and to guide petitioners, and the Government of Kenya finalized Petition Committee Regulations recently. Given the frequency of litigation, the Petition Committee has been fully occupied with this work since its establishment.

Presenter Resources

About the Presenters

Dr. Nathan Ronoh Tuimising

Nathan Ronoh Tuimising leads the legal function within the PPP Unit of Kenya’s National Treasury, where he is responsible for legal and regulatory development, compliance, institutional support, capacity building, dispute resolution, and support to the programmatic functions of the unit. Prior to joining the PPP Unit, Ronoh was the deputy head of government legal transactions in the State Law Office.
Ronoh holds a PhD from Warwick University (United Kingdom), where he analyzed emerging legal and institutional issues on private equity in Kenya. He earned a Master of Laws in international economic law from the same university, as well as bachelor’s degrees in law from Shivaji University (India).

Prof. Albert Mumma

Prof. Mumma is a lawyer with 27 years of experience in legal consulting and private legal practice. He is a specialist in public private partnership arrangements, utilities regulation, procurement law, and environmental and natural resources law.
Prof. Mumma’s experience includes assignments in the UK, Eritrea, Somaliland, Kenya, Uganda, Lesotho, Rwanda, Burundi, and DR Congo. He has also worked closely with the World Bank providing transaction advice and developing contract documents, for example the water services provision for Nairobi Water & Sewerage Company Ltd and the leasing of assets and infrastructure. In another assignment, he provided legal inputs to the International Finance Corporation as part of the team giving transaction advice for the concession of the Kenya/Uganda Railways Corporation.
Prof. Mumma was key in preparing legislation in Kenya, including the initial drafts of the Water Act 2002, the Kenya Roads Board Act 1999, and the Kenya Railways Amendment Act 2005 on behalf of the Government of Kenya. Prof. Mumma is Associate Professor at the School of Law of the University of Nairobi and he is a frequent speaker at international and local conferences.

Rupinder Kaur Rai

Rupi is a Public-Private Partnerships Consultant in the World Bank Group’s PPP Group. She has worked in PPPs and international development for the past three years, and supports the creation and use of the PPP Group’s analytical tools and knowledge products. Prior to joining the World Bank Group, she designed executive training sessions in PPPs and advised private and public sector clients during her tenure as a Senior Researcher at the Johns Hopkins SAIS PPP Initiative. Rupi has co-authored reports on China and India’s institutional environment for PPPs, and advocates the use of innovative frameworks to help solve complex problems in PPPs. Rupi graduated from Johns Hopkins SAIS with an MA in International Relations and Economics and earned a BA and MA from the University of Vienna in International Development and Political Science.

Target Audience

World Bank Group staff; consultants; policymakers in client countries.

Questions Submitted

jose luis

- Jul 22, 2022
muy bueno

Mahaman Mourtala

- May 4, 2022
Great!

DR. YOGENDRA NATH

- Sep 22, 2021
Interesting.

MOHAMMAD

- Jan 25, 2021
Great!

Mohammad Nadir

- Apr 26, 2020
Excellent!

Anvar

- Mar 27, 2020
Interesting!

Joy Mildred Adhiambo

- Dec 3, 2019
The Role, Impact, and Consequences of Litigation in Kenyan PPPs

Monir

- Jun 27, 2019
Good PPP , helps governorate to better use of projects through partnership with private sector.

Waqar Aamir

- Jun 8, 2019
Good

Ki

- Jun 26, 2018
thanks
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