Kenya is moving to tighten oversight of privately initiated infrastructure deals, proposing rules that would require companies seeking unsolicited public private partnership (PPP) contracts to disclose their litigation history and sign notarized anti-corruption declarations before being awarded government business.
The plan comes in the wake of the cancellation of Adani’s contracts, valued at roughly Sh2.7 billion, and reflects pressure from the World Bank for greater transparency in how such deals are handled. Under the draft Public Private Partnerships (Project Management) Regulations of 2026, each firm or member of a consortium bidding for a privately initiated proposal (PIP) would need to reveal past and ongoing legal disputes.
The World Bank has cautioned that such privately initiated proposals could erode public trust in the search for private investment in infrastructure, potentially fueling protests that turn deadly. With borrowing space constrained, Kenya’s government has increasingly turned to well capitalized private investors, including India’s Gautam Adani, to fund major infrastructure projects and recover their investment over time.
Under the draft rules, disclosure would extend beyond litigation history. Bidders would need to explain what steps they have taken, or plan to take, to prevent disputes from escalating, as part of a due diligence process required for consideration. Companies would also be required to disclose their corporate and governance structures, demonstrate they have not been barred or disqualified from PPP participation by any country or international body, and provide a notarized statement affirming they have not engaged in corrupt practices.
The reforms sit within a broader, long running debate over how Kenya manages unsolicited proposals. Unlike competitively tendered projects, PIPs are initiated by private firms rather than government agencies, a structure that has drawn scrutiny across East Africa for its susceptibility to disputes and limited transparency. Analysts have previously flagged gaps in Kenya’s PPP framework, noting that the process for reviewing unsolicited bids has not always ensured value for money or adequate competition, contributing to legal challenges over past projects, including disputes involving Kenya Airways and the Kenya Airports Authority.
If adopted, the regulations would mark one of the more concrete transparency measures to emerge from the Adani fallout, potentially reshaping how foreign and domestic investors approach large scale infrastructure bids in Kenya going forward. The proposal remains subject to public consultation before finalization.
