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Public Sector

  • Overview
  • Experience
  • Market recognition

Our lawyers in Kenya advise public sector bodies procuring major infrastructure projects on every legal aspect, from developing the procurement strategy, producing and negotiating contractual documentation, tax structuring, forms of delivery, and risk allocation between the public and private sector. 

Public procurement is an area which is subject to a lot of scrutiny, thereby amplifying the need to ensure that the same is handled in a manner that protects both the public and private-sector players while also achieving the procurement objectives without unnecessary delays arising from procurement disputes. 

While public procurement laws and regulations are, strictly speaking, aimed at regulating procurement by public entities, private-sector players are also called upon to comply with such laws whenever they do business with public entities. Our Dispute Resolution department also provides support in case of a challenge to, or a dispute around, a procurement process.

Capabilities

  • Structuring of public procurements

  • Preparation of tender documents

  • Tender clarification responses

  • Support on tender evaluation

  • Negotiation and finalization of ensuing contracts

  • Dispute resolution

  • Risk analysis and mitigation

Experience has included advising:

  • A client on the first phase of the proposal to roll out an affordable housing project.
  • A client in connection with its proposed investments in Mombasa port, Lamu port and the new Lamu industrial city.
  • A client in connection with a proposed joint venture to undertake operation of the second container terminal at the port of Mombasa.
  • The Kenyan government on the procurement of medical equipment for 94 hospitals in 47 counties.
  • A private party multinational information technology company on its bid to supply ICT equipment under the Kenyan Ministry of Education, Science and Technology’s program to roll out ICT equipment in public primary schools.
  • The providers of equity and mezzanine debt for initial contractors constructing roads assigned in lots under the Kenya Ministry of Transport & Infrastructure’s roads 10,000 program, for the development of a total of 10,000 KM of roads (phase one being for 2,000 km).

  • IKM and DLA Piper awarded “Transportation and Infrastructure Team of the Year” (African Legal Awards 2016)

  • Ranked Tier 1 in Projects & Infrastructure (The Legal 500 2019)

  • Ranked Band 2 in Projects & Infrastructure (Chambers & Partners 2019)