Kenya's Privatisation Bill 2023 Is Now Law

On 9 October 2023, the Privatisation Bill 2023 was assented to by Kenya's President William Ruto to repeal and replace the Privatisation Act which was passed in 2005. The implementation of the new legislation commenced on 27 October 2023. Please refer to our previous article summarising the provisions of the Bill before it was enacted into law.

Below are the key changes to Kenya's privatisation regime as introduced by the new legislation from a high-level perspective:

• Transition of the existing regulator: Following the enactment of the new legislation, the Privatisation Commission is renamed to the Privatisation Authority. As the implementing agency, the roles of the Privatisation Authority include advising the government on all aspects of privatisation of public entities, facilitating the implementation of government policies on privatisation, implementing the privatisation programme and privatisation proposals, and monitoring and evaluating the implementation