Auto-extracted from the official tender document
Minimum financial criteria bidders must meet
Given the capital nature of port investment, the Authority is financially constrained to support implementation of its long-term investment plans, using internally generated funds. In view of the foregoing, the Authority is seeking strategic partners to invest in Port development in the form of PPP arrangements. 1.4. PPPs IN KENYA Established initially under the Public Procurement and Disposal (Public Private Partnership) Regulations, 2009, the PPP Directorate of the Government of Kenya has in the recent past committed to improving and strengthening the PPP framework for private sector participation in the country. Several accomplishments are notable: i. The adoption of a PPP Policy in 2011 to articulate the Government's commitment to PPPs and to provide a basis for the enactment of a PPP Law; ii. The enactment of the Public Private Partnerships Act on 8th February 2013; iii. The issuance of the National PPP Regulations on 19th December 2014; iv. The issuance of the PPP Petition Guidelines in 2014; v. The issuance of the PPP Project Facilitation Fund Regulations on 12 May 2017; vi. The development of a PPP Financial and Contingent Liability Management Framework; vii. The repeal of the 2013 Act and enactment of the PPP Act 2021; and viii. Development of the (draft) PPP Regulations, 2025. To support the delivery of the country’s PPP agenda, a number of institutions were also created under the PPP Act of 2021 and have been fully operationalized. The roles and responsibilities of this institutions are defined in the Act. The Institutions include the: 6 i. Contracting Authorities ii. PPP Committee iii. PPP Petition Committee iv. PPP Directorate The PPP Act of 2021 recognizes Contracting Authorities (CA) as Ministries/Government Departments, County Governments and Statutory Corporations. Their main responsibilities with respect to PPP are to identify, develop, implement, and monitor projects. To discharge their responsibilities, contracting authorities are required to conduct feasibility studies, prepare bidding documents, and seek necessary approvals. Each CA undertaking a PPP project is required to establish a Project Implementation Team, with officers with the ability to carry out day-to-day management of a PPP project (section 31 of the PPP Act, 2021). Where Contracting Authorities do not have in-house expertise on PPP, they may need to appoint Transaction Advisors (TA) to assist them in the development of projects, through the full PPP project cycle. 1.5. Government Strategy on Domestic Capital Mobilization Kenya’s domestic financial markets comprise a strong and diversified ecosystem of commercial banks, pension funds, insurance companies, fund managers, collective investment schemes, and retail investors. Together, these actors represent a substantial and growing pool of long-term domestic capital capable of supporting the country’s infrastructure and PPP pipeline through debt, equity, and blended-finance instruments aligned with the Public–Private Partnership (PPP) Program. As of June 2023, Kenya’s pension industry managed assets totaling approximately KES 1.7 trillion, equivalent to about 13% of GDP, making it a cornerstone of patient and predictable long-term capital for infrastructure development. The insurance sector, with assets estimated at around KES 1 trillion, continues to expand steadily as regulatory reforms encourage greater exposure to infrastructure-linked and long-term investments. Meanwhile, the banking sector held total assets exceeding KES 7.3 trillion—equivalent to more than 55% of GDP—demonstrating deep liquidity and strong capacity to support project financing and investment in capital-market instruments. Beyond institutional investors, Kenya’s retail market—comprising individual savers, SACCO members, and small-scale investors—holds considerable potential to contribute to infrastructure financing. As of 2023, Kenya’s SACCO movement managed over KES 1 trillion in assets, reflecting a vast base of member savings that could be mobilized through structured investment products. 7 Although Kenya’s financial system is deep and diverse, it has barely realized its potential in financing PPPs. This shortcoming is not due to a lack of capital, but rather the absence of deliberate coordination and structured engagement of domestic financial institutions in PPP origination, structuring, and investment. The deliberate inclusion of local institutional and retail investors not only strengthens domestic resource mobilization but also serves as a natural hedge against political and sovereign risk. When citizens, pension funds, and local financial institutions co-invest in PPPs, they help anchor projects in national ownership, deepen accountability, and build resilience against external financing shocks and policy uncertainty. Recognizing this untapped potential, the Government of Kenya has adopted a strategic policy direction to crowd in domestic capital for long-term infrastructure delivery. This
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