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IKM Advocates

Will beneficial ownership rules curb tenders graft?

In many countries, public procurement has for a long time been considered one of the areas most prone to manipulation and fraud. Kenya is no exception and there have been allegations of public officials and their cronies creating and winning bids at inflated prices...

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ǼLEX

A Review of the Contractor's Power

When project owners refuse to pay contractors or have denied them access to the construction sites, contractors react in several ways. One such reaction is to suspend further performance of works until payment is made or access to the site is given. However, the contracto..

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Werksmans Attorneys

Is South Africa in a state of procurement limbo? Where to from here, for now?

Public procurement in South Africa is undeniably tied to the country’s socio-economic objectives and is an important tool to achieve transformation. Recently, the Constitutional Court (“ConCourt”) in the matter of Minister of Finance v Afribusiness NPC and Ot..

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Clyde & Co.

Performance Security Bonds in Tanzania

A Performance Security Bond (Performance Bond) is a contract of guarantee in which one party (the Guarantor) promises to discharge the liability of a third party in the event of default. Performance Bonds are designed to ensure the performance of duties by parties t..

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Bowmans

Kenya PPP Directorate to Become the Key Driver of PPP Projects in Kenya: A Detailed Look at Kenya’s New PPP Law

Public private partnerships have long been proposed as the answer to Kenya’s ever-widening infrastructure gap.


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KN Law

The Public Private Partnership Act, 2021

The Public Private Partnership Act, 2021 (the Act) which came into effect on December 23, 2021 provides for the participation of the private sector in the financing, construction, development, operation or maintenance of infrastructure or de..

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Bowmans

Public-private partnerships to fund transport infrastructure

The Minister has revealed that Government will aggressively pursue PPPs, as a mechanism to fund and construct transport infrastructure.

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Anjarwalla & Khanna

Legal Alert | Proposed Approach to PPA Renegotiation

At the end of September 2021, Kenyan President Uhuru Kenyatta issued a statement on the presidential taskforce appointed to, among other things, review the power purchase agreements (PPAs) entered into between the State-owned offtaker, Kenya Power & Lighting Company (..

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