tuesday 8th march 2016 - esaag · tuesday 8th march 2016 eng. stanley kamau director, ppp unit...

90
1 REPUBLIC OF KENYA THE NATIONAL TREASURY PPP FRAMEWORK AND EXPEREINCES IN KENYA Tuesday 8 th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury

Upload: doankiet

Post on 07-May-2018

215 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

1

REPUBLIC OF KENYATHE NATIONAL TREASURY

PPP FRAMEWORK AND EXPEREINCES IN KENYA

Tuesday 8th March 2016

Eng. Stanley KamauDirector, PPP UnitNational Treasury

Page 2: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

OUTLINE OF DISCUSSIONS:1. Rational for PPPs

2. Overview of Kenya’s PPP Legal Framework

3. Financing, budgeting, accounting and reporting of PPPs

4. Kenya’s Past Experience in PPPs

5. Kenya’s PPP Pipeline

6. Unsolicited proposals

7. Benchmarking with other Countries

Page 3: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Rational for PPPs

Page 4: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

KENYA 

Area: 583,000 sq. km GDP: $69.977 Billion (2015) Population: 45.9 Million (2015) GDP Per Capita: $1,587 (2015) GDP % Growth: 5.3% (2015) – economy is projected to expand by 6.5

to 7.0% in 2016 and to maintain the same pace over the medium term Inflation: 5.97% (Sept, 2015) Debt/GDP: 48% (2015) The Standard and Poor’s rating for Kenya is B+ stable

Gateway to:

East Africa Community (Kenya, Tanzania, Uganda, Rwanda, Burundi):

150 million people, among the fasted growing regions in the world (5.3% growth GDP compared to 3.8% world growth) – 150 million addition (DRC, Ethiopia, South Sudan, Somalia)

The discovery of Oil, Rare Earth, others: A game changer

Page 5: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

5

Why Kenya?

Page 6: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Overview of Budget FY 2015/16• Economic growth to accelerate to 7% in 2015/16, • Inflation to remain within single digit with upper limit target 

of 7.5% in 2015‐16. • Public debt to GDP ratio to decline from 46.1% at the end of 

June 2015 to 43.3% in 2016• Total National Government budget KSh 2,209.1 bn (USD 22B)• Energy, Infra-structure & ICT USD4 bn –(SGR USD1.5B)

6

Page 7: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP
Page 8: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Railway, Airport, Seaport

Page 9: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Solid waste management

Page 10: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP
Page 11: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

NAIROBI: COMMUTER RAIL

Page 12: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Infrastructure Funding Gap of USD 2-3 Billion per Year

• .

Page 13: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Thus….Rationale for PPPs in Kenya

Vision 2030 aims to

transform Kenya into a

middle income country by

2030. Heavy infrastructure investment is

thus paramount

Additional funding from

private sector, hence reduction of funding gap

Reduce Government

sovereign borrowings -Debt/GDP: 48% (2015)

Govt. strategy -

reduce debt to GDP (ratio) to

below 45% in the medium

term

Utilize private sector

efficiency, effectiveness,

transfer of significant risk to the

private sector &

innovation to deliver public

services

Increase business

opportunities for the domestic market

Page 14: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Key Principles of PPPs

Risk sharing between private & public sectors

Long term relationship between parties

Contract for services, not procurement of assets

Payments related to service delivery

Whole life approach to design, build and operate

Regulating & Monitoring mainly left with public partner

Page 15: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Overview of Kenya’s PPP Legal Framework

Page 16: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Enabling Framework for PPPs in Kenya:

16

Kenya has a New Constitution (2010)

Conducive Regulatory framework to facilitate PPPs (Energy,

ICT, Transport)

There is a strong Contract law (contracts will be honoured)

PPP Policy issued by Government in December, 2011

The Public Private Partnerships Act, No. 27 of 2013 (PPP Act)

Public Finance Management (PFM) Act, 2012

County Governments Act, 2012

National Regulations, Dec 2014 for PPP Act, 2013

Regulations for County PPPs

PPP Toolkit, Procedures and standard documents

Project Facilitation Fund

Page 17: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

An contractual arrangementbetween a contracting authority and a private party under which

the private party:

Undertakes to perform a public

function or provide a service on behalf of the contracting

authority

Receives a benefit for performing a public function by way of

compensation from a public fund, charges or fees to consumers or a combination of both

Is generally liable for risks arising from the performance of the

function in the agreement

Definition of PPPs According to the PPP Act, 2013:

Page 18: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

PPP is Like a Marriage

Long Term, Trust and Co-operation, Clearly defined Roles, Rights Responsibilities and

Outcomes

Page 19: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

PPP Process: Projects can be initiated in two ways:

Solicited Bids(Open &

Competitive)

PIIPs(Unsolicited Proposals)

Successful PPP Projects

The PPP Act, 2013

Procurement of PPP Projects

3 Core tests/principles

in PPP Procurement:

Value for Money;

Affordability; and

Risk Transfer (optimal

allocation).

Page 20: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

The PPP process in the country is a sequential one with approval steps built-in at various stages of a project’s lifecycle as highlighted in the figure below:

Default Process: Solicited/Competitive PPP Process

Page 21: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Unsolicited proposalsThe questions: “Shall we accept them?”

“How should we procure them?”

• Great potential tool for innovation• Block them, or be ready for addressing them• “no-cost-to-taxpayer” unsolicited proposals• Learn from experience

21

Page 22: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Case: Canal du Midi / Garonne

Riquet, a local tax collector, presented to Louis XIV this 

unsolicited proposal: building a canal connecting the Atlantic Ocean to the Mediterranean at no cost to the taxpayer or 

royal purse

“mettre en risque mon bien et mon honneur à défault de réussite et, par contre‐coup, 

acquérant un peu de l'un et un peu de l'autre, en cas que j'en sorte heureusement”

22

Page 23: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Case:Canal du Midi / Garonne

Riquet was awardeda perpetuousconcession in 1666, with the right to collect a specialpurpose new tax.The canal, built in 1666‐1683, was a success, but the public partner paid two thirds of its cost.

23

Page 24: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

An exception to the rule and is to be applied only where:

there is an urgent need for continuity;

costs relating to intellectual property in relation to the project design is substantial;

there exists only one person capable of undertaking the project;

there exists any of the circumstances as the Cabinet Secretary may subscribe.

Privately Initiated Investment Proposals (Section 61)

Page 25: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

PPP Models in the PPP Act, 2013 Management contract Output Based Performance contracts Lease: private party pays rent or royalties for exploitation of minerals < 30 yrs Build-Own Operate-Transfer Build-Own Operate: provided service for agreed time Build-Operate-and-Transfer Build-Lease-and-Transfer Build-Transfer-and-Operate Develop-Operate-and-Transfer Rehabilitate-Operate-and-Transfer Rehabilitate-Own-and-Operate Land Swap; any other scheme approved by Cabinet

Page 26: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Structuring, Financing, Budgeting, Accounting and Reporting of PPP Projects

26

Page 27: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Traditional Public Finance of Infrastructure

GovernmentLender

“Sovereign Guarantee”

Loan

Repayment

Users/ Taxpayers

Taxes

Infrastructure ProjectPublic Services

Private Contractor

Construction Contract

Construction

Page 28: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Typical PPP Structure

Page 29: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Payment

Operational period

Payment against delivery

ConstructionPeriodNo payment

0 2 10 15Time (years)

PPP Financing…

Note that in PPPs financing and maintenance usually by the private sector

Page 30: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Also known as limited-recourse or non-recourse financing.

The lender looks primarily to the cash flows of the project as the repayment source. The lender has recourse only (or primarily) to the assets of the project. A PPP’s financing structure will depend on risk assessment, affordability limits and the “bankability” of the underlying venture.A Special Purpose Vehicle (SPV) is established to clearly define legal limits of entity.

Project Finance

Page 31: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Public Financial Management Framework for PPPs PPP contracts often have financial implications for Governments. Payment

commitments under PPP contracts are often long-term, and can be contingent on one or more risks:

Direct liabilities are payment commitments that are certain and include:

Upfront “viability gap” payments: an up-front capital subsidy

Availability payments - a regular payment or subsidy over the lifetime of the project, usually conditional on the availability of the service or asset at a contractually specified quality.

Shadow tolls, or output-based payments - a payment or subsidy per unit or user of a service, for example, per km driven on a toll road.

Page 32: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Contingent liabilities are payment commitments whose occurrence, timing and magnitude depend on some uncertain future event, outside the control of government. CLs under PPP contracts can include:

Guarantees on particular risk variables: Revenue Guarantee to compensate for loss in revenue should a particular risk variable deviate from a contractually specified level. For example, guarantees on demand remaining above a specified level; or on exchange rates remaining within a certain range

Compensation clauses: e.g., a commitment to compensate the private party for damage or loss due to certain, specified, uninsurable force majeure events

Termination payment commitments: a commitment to pay an agreed amount, should the contract be terminated due to default by the public or private party -the amount may depend on the circumstances of default

Debt guarantees or other credit enhancements: a commitment to repay part or all of the debt used to finance a project. The guarantee could cover a specific risk or event. Guarantees are used to provide more security to a lender that their loan will be repaid

Page 33: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Budgeting for Government Commitments to PPPs

Budgeting for PPPs involves making sure that money is appropriated and available to pay for whatever cost government has agreed to bear under its PPP projects.

Because such cost may be contingentor occur in the future, PPP budgeting can be hard to manage in traditional annual budget cycles.

Nevertheless, credible and practical budgeting approaches are needed for good public financial management, and to assure private partners that they will be paid.

Page 34: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Fiscal Accounting and Reporting for PPPs

Governments need to account for and report on their financial commitments, including those under PPP contracts.

When reporting is done well, it encourages the government to scrutinize its own fiscal position.

Making financial reports publicly available enables other interested parties - such as lenders, rating agencies, and the public - to reach an informed opinion on the government’s public financial management performance.

What the IMF says:

“There is not a comprehensive fiscal accounting and reporting standard specifically for PPPs. The accounting profession is taking steps to develop an internationally accepted standard, but the likely features are not yet clear… This is being done for service concession arrangements under the auspices of the International Public Sector Accounting Standards Board (IPSASB).”

Page 35: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Recognizing PPP Liabilities in Government Accounts

International accounting and statistical standards affect how and when contingent liabilities must be “recognized” and “disclosed”

“Recognition”- formal recorded in the financial statements of gov’t as a liability or expense

“Disclosed”- reported in notes or narratives that considered integral parts of the financial statement

Accounting standards are now moving towards recognition of all liabilities on balance sheet regardless of contingent nature of the liability or the probability of the claim, provided that it can be reliably measured.

Page 36: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

International Public Sector Accounting Standards (IPSAS) IPSAS requires that under accrual accounting, contingent liabilities

(guarantees and legal claims) be revealed in notes to the financial statements as long as the possibility of payment is not remote

For cash accounting standards, no disclosure is required.

Page 37: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

IPSAS Disclosure of Contingent Liabilities Prudent best practices require that contingent liabilities be disclosed

and reported on a regular basis to the public and legislative bodies, on:

Information on major contingent liabilities above some minimum country specific threshold, including nature an scope and quantification – information about possible losses should be revealed but only if it does not lead to moral hazard.

Significant contract terms and conditions to the extent relevant should be revealed

Information on past calls on the guarantee and their frequency of occurrence

Information regarding reserves and assets set aside to support the contingency.

Page 38: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Three Dimensions of PPP Reporting:

Budgeting:

Are PPPs accounted for in the budget and medium-term fiscal framework? Are fiscal risks properly monitored and reported in the statement of fiscal risks?

Accounting:

Are PPPs accounted for in the public sector financial statements? (i.e., income and cash statement, balance sheet)

Statistics:

Are PPPs reported in headline fiscal indicators? (i.e., public sector overall balance, gross and net debt)

Ideally, all three dimensions should be linked and consistent, but this is not necessarily the case in many countries.

Page 39: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

International Standards for PPP Reporting: Budgeting:

IMF’s Fiscal Transparency Code (2012 update) OECD Principles for Public Governance of PPPs, 2012

Accounting: International Public Sector Accounting Standards 32 (IPSAS 32)

Statistics: International statistical standards:

System of National Accounts 2008 (SNA 2008) Government Finance Statistical Manual 2014 (GFSM 2014) Public Sector Debt Guide 2011 (PSDG 2011)

Regional statistical standards: ESA 2010 Eurostat Manual on Government Debt and Deficit (MGDD)

There is no “full” consistency between these standards, but discrepancies have been reduced significantly.

Page 40: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

National Norms and PPP Contingent ObligationsAustralia- Victoria:

Accounting Norm: International Financial Reporting Standards (IFRS) & IPSAS (AASB)

Recognition: All PPPs are reflected in balance sheets (assets and liabilities) of agency exercising “control” of asset i.e.. It is not on SPV balance sheet

Disclosure: Even if not recognized on Gov’t balance sheet, the PPPs are disclosed in notes

Reporting: PPP contracts appear on the website of the agency.

South Africa:

Accounting Norm: Modified Cash Basis

Recognitions of liabilities: PPPs not reported on Gov’t balance sheet.

Disclosure: Disclosure notes required under Treasury Guidelines

Reforms: Considering move to Accrual Accounting and application of IPSAS standards

Chile:

Accounting Norms: Accrual Based Account

Recognition of Liabilities: Some PPPs are on Gov’t Balance sheets (jails & airports) but roads are not

Disclosure: Applies IMF Gov’t Finance Statistics Manual—expenses PPPs over life of project but public investments expensed during construction

Reform: Gov’t considering moving to IFRS and IPSAS.

Reporting: Annual Contingent Liabilities report with NPV of guarantees

Page 41: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

1. Ongoing CL assessment and quantification by the FCCL Unit with a view to ensuring continuous risk management and the scheduled disclosure and reporting of all fiscal risks associated with future PPPs. (Target deadline for active projects – End 1st Quarter of 2016)

2. Operationalisation of the PPP Project Facilitation Fund (PFF) - a multi-purpose revolving fund -for which Window 4 of its application is specific to the provision of a source of liquidity to meet any contingent liabilities arising from PPPs.

3. Establishment of the below Governance Framework for future contingent liabilities:

Mitigation Measures for CLs in PPP Projects:

Page 42: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Kenya’s Past Experience in PPPs

Page 43: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

43

Kenya’s Tested Experience With PPPs

Page 44: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Old Nyali Bridge in Mombasa 1948

Page 45: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Rift Valley Railways Concessionaire (2006)

Page 46: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

IPPs

IPP Name Type Capacity MW Remarks

Iberafrica Thermal 108 Operational 1997Tsavo/Kipevu thermal 74 Operational 2000

Rabai Thermal 90 Operational 2009Mumias Cogeneration 34 Operational 2009

Thika Power Thermal 87 Operational 2014Triumph Thermal 82 Operational 2014

Gulf Power Thermal 80 Operational 2014Orpower Geothermal 100 Operational 2000/2008

Lake Turkana Wind 300 Under ConstructionKinangop Wind 60 Under ConstructionKipeto wind 100 Financial Close

GDC (3IPPs) Geothermal 105 Financial Close

TOTAL 1,220

46

Page 47: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Independent Power Projects (IPP) Structure

Page 48: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

KENYA PPP Pipeline

Page 49: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

There are currently 71No. PPP projects in the pipeline worth approx. USD 25.5Bn

Current PPP Projects in Kenya:

Page 50: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

25No. - Concept stage 9No. - TA Procurement 26No. - Feasibility Study stage 4No. - Tender stage 4No. - Negotiations ongoing 1No. – Contract Executed

PPP Pipeline (as at Dec 2015):

Page 51: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

KU Student Hostel: Accommodation for 10,000 students on a 15

acre piece of land where a Special lease will be issued to the SPV. Undergraduate Ksh. 5,945 (No. 9,350) Post graduate sharing Ksh. 8,990 (No. 500) Post Graduate Bedsitter Ksh.11,963 (No.

150) 20 year BOT concession, 50 year life assets 24 months construction At an estimated investment value of US$52.5

Million to implement, Africa Integras as the project sponsor.

Ground breaking envisaged in April 2016

Active PPP Projects in Kenya:

Page 52: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

52

Page 53: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

2nd Container Terminal in Mombasa Port The CT2 Concession plan was approved in Dec 2014;

Comprising of Phases 1 & 2, with Phase1 currently under construction with completion scheduled for end Feb 2016, the Mombasa Port Development Project (MPDP) is envisaged as a 25 year concession

The procurement process for CT2 commenced in 1st March 2015 through to its bid closure on 20th June 2015

Technical evaluations were conducted and completed in July 2015 Several petitions and court cases filed which has delayed the process. CT2 handed over the KPA on 29th Feb 2016 and has commenced the

process of its operations A decision has been reached to cancel tender for the concession following

the right legal process

Page 54: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

1,050MW Lamu CoalOverview of the Project:

The project is proposed to set up a 1,050 MW gross super-critical coal-fired power plant at Manda Bay, Lamu County, along with jetty/coal infrastructure, coal handling facilities, and a 400 kilovolt (kV) switchyard at site under a Build, Own & Operate (BOO) regime.

The plant will incorporate clean coal technology that utilises low sulphur and low ash coal.

Power will be sold to KPLC under a 25-year 'take or pay' arrangement codified in the PPA. Power will be evacuated by a 400 kV, 520 kilometre (km) transmission line to be constructed by KETRACO.

Total estimated cost of USD 2 Billion

PPA negotiations going on together with ESIA plus sourcing of funding.

Page 55: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Civil Servants Housing

55

CIVIL SERVICE HOUSING 10,000 units – Starehe -6,036 units at a capex of Ksh 9.3 Billion (Ksh 33,00/sqm): Starehe -1,856 units at Ksh 4.7 B, Ksh 33,627/sqmNegotiations ongoing

Page 56: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Civil service housing

56

Page 57: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Since the coming into effect of the PPP Act 2013, all IPPs have been classified as PPPs in Kenya, and the PPA treated as a PPP project agreement.

55No. IPPs: 9No. IPPs in Operation 28 No. PPAs finalized/signed/ initialed

(solar, wind, hydro, Biogas) 8No. PPAs under Negotiation 10No. PPAs approved for negotiation

Alignment of the FiT process: Of the current 300 FiT project

applications, 82 are currently active, 18 of which have been approved by the ERC, and PPAs negotiated. 1,116MW

Feed in Tariff for Renewable Energy

Page 58: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Other on‐going PPP procurements1. Nairobi Multilevel Car Park at Sunken 3800 parking, 13

floors, Equity IRR -21% - RFQ2. Kisumu Sea Port Development – Estimated at USD 200M, a

consultant preparing a feasibility study.

Page 59: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

5. Student Accommodation Hostels for Universities i.e. Moi University, Egerton, SEKU, KTTC and Embu University –

USD 150M- Consultant recruited (50,000 students) More other Universities preparing their PPPs\

6. Energy Sector projects– 400MW Menengai:

100MW (Financial Close), 60MW RFQ – USD 480m– 800MW LNG, Dongo Kundu – CANCELLED– 560MW Geothermal Project at Olkaria:

140MW under TA phase – USD 500M

Page 60: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Other On‐going PPP procurements/…

7. Mombasa Convention Centre –TFC under feasibility by IFC8 Sports Stadium in Nairobi (Ngong Rd), Mombasa (Shimo La Tewa) and Eldoret – TA is in place.9. Cancer Centres – IFC in place and feasibility study to be completed in 2 months10. Leasing of Hospital Equipment USD 400million ‐8 years11.  Police & Prisons Service Housing 85,000 Units:

Phase 1 of 10,000 Units -

60

Page 61: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

PwC28 July 2015

NAIROBI – MOMBASA ROAD EXPANSION

The National Treasury/PPP Unit •

Project: Involves upgrading and capacity expansion andsubsequent operation and maintenance of the Nairobi‐Mombasa Highway

Profile of Highway: Mombasa–Nairobi Highway (A109)forms part of the Trans‐African Highway (NorthernCorridor)

Options: New alignment/ old

Project Length : 482 Km , pny about 30km dualledwhile the rest is a single carrieageway

Estimated Capex: USD 1 BILLION

Feasibility study report to be submitted 0n 22nd Dec2015 by TA (PWC)

Proposed Project Funding Options:

Tolls, auxiliary revenues (advertising rights, RSS, betterment levies etc.)

Technical solution : 4lane to 6lanes

Page 62: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

O&M of Nairobi – Thika Road (A2) Nairobi – Thika (50.4 kms) Upgrading of road completed in Nov

2012 at a cost of USD 350million. Project cost: CAPEX (minor

improvements), OPEX (10years), and original development cost (debt to GOK)

No alternative road Traffic at 135,000 vehicles a day.

Challege Project Funding Options: Tolls,

auxiliary revenues (advertising rights, RSS, betterment levies etc.)

Tolling technologies – difficulties of tolling an urban area

Feasibility study report submitted and under review

u7

Page 63: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Slide 62

u7 Please remove all toll rates and i would suggest also capex - these details are far from agreed and do not be in the public domain prior.user, 24/10/2015

Page 64: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

M25 IN UK – CONGESTION – Sept. 2010.

Aug 2, 2011 Biennial Amb Conference 63

Page 65: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

O&M of Nairobi Southern Bypass

Launched in early 2012, the 28.6Kms dual carriageway (excluding 12Kms of slip roads and 8.5Kms service roads), traversing the southern suburbs of Nairobi, is presently under construction and set for completion by the end of 2015 with the objective of diverting transit traffic from the CBD.

The Greenfield road is an additional link between the Mombasa and Nakuru Highways and will provide accessibility to both Langata Road and Ngong Road.

Proposed technical solution:

A PPP O&M contract with a possibility of capacity augmentation based on the projected saturation levels.

Timeline: FS reports – Dec 2015

Page 66: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Dualling of Nairobi – Nakuru – Mau Summit (A104) The existing highway is primarily a 2-

lane 176 km road with paved shoulders from Rironi junction, at outskirts of Nairobi, to Mau Summit

Proposed PPP structure:

Proposed up-gradation of the highway (to 4, 6 & 8 lanes, as appropriate, to accommodate traffic capacity till 2045)

Project Funding Options:

Tolls, auxiliary revenues (advertising rights, RSS, betterment levies etc.)

Estimated cost USD 1.1 billion

Timeline: FS reports – Dec 2015

Page 67: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

2nd Nyali Bridge

Development, operation and maintenance of a Second Nyali Bridge and associated access roads connecting the Mombasa Island with the North mainland to ease congestion on the existing Nyali Bridge

8 crossing options analyzed and one selected jointly with stakeholders. Detailed engineering, environmental, social and financial analysis on-going

Due to the high land acquisition and resettlement costs & time process envisaged in the preferred bridge location and size (Option 6a), the idea of staggering the development of the expanded 2nd Nyali Bridge was discussed

Page 68: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Key Issues to be Addressed in Tolling

.

Trade Mark East Africa assisting GoK with a Tolling policy and strategy (CEPA). Issues identified:Do we toll a road without an alternative?Do we have fix one toll charge for all toll roads?Do we have one tolling system?Do we engage one toll operator for all the toll roads?Do we cross subsidize revenues?Do we only toll a road where revenues are sufficient to cover the investments?Do we recover capital costs incurred by Govt on some of the roads?

67

Page 69: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Objective was to build new 10,000km of roads in 5yrs to add to current 14,000km

Contractors will design, finance, construct and maintain the roads for 10 years.

contracts awarded on the basis of the lowest annuity payments. Contractors will complete works within 2yrs.

PWC hired by Treasury to assist in financial advisory• 45 contracts for 3000km were tendered and bids received for 435 km of 

Phase 1 Group 1 bids (5 Lots) have been approved PPP Committee, 1,163 kmin 13 Lots under contracts negotiations; and 1,100 km in 9 lots are under bid evaluation review

THE PROCESS HAS TEMPORARILY STALLED????

Road Annuity Programme

Page 70: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Unsolicited PPPs

Page 71: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

70

Cable Car Across Likoni – Capex USD 41m, Equity- USD 26m, Debt – USD 15m, Ksh 20 per trip

Page 72: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Dongo Kundu SEZ– The total estimated cost is USD 1.1 billion, excluding the cost of land (Port USD 295M, SEZ USD 775M). The target financial closure date is December 31 2016.

– Gearing 70% debt, 30% equity. – Proposed GoK equity 20%, (3000 acres of land)– 30 Yr Concession– Project’s IRR post tax is estimated at 13.3%, while post tax IRR is estimated at 13%. 

71

Page 73: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

72

Page 74: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Lake Turkana Wind Power Project

• Aims to produce 300 MW of wind power. Largest single wind power plant located 500km away from Nairobi

• Started in 2009 by a Mr Carlo Van Wageningen after visiting the site as a tourist.

• Implemented as an unsolicited proposal following Feed in Tariff guidelines.

• Negotiated tariff of US 10 cents.• Construction of 428Km of Transmission Line at a cost of USD 

150 Million.• Capital cost of USD 875 Million (excluding transmission)

73

Page 75: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Lake Turkana Wind Power Project• 365 Vesta Turbines to be installed on a 40,000 hectares of 

land• Best winds with a Load factor of 63% compared to average of 

27% for wind power. It is therefore very reliable power.• Wind speed very high and in some areas beyond 11m/sec, 

therefore no turbines can be installed as this may be damaged.

• Construction of 150 tarmac roads to connect the 365 turbines.

• Construction of a town of 10,000 persons (workers for the power plant about 5,000)

• Farming food for 10,000 people• GOOGLE taken 15 of equity

74

Page 76: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Benchmarking with other Countries

Page 77: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

76

Page 78: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

77

SHAH ALAM EXPRESSWAY (35 KM) TOLL PLAZAS (OPEN) - 3 NOS.

CON. PERIOD - 28 YEARS & 9 MONTHS (11/93 - 8/2022)

Page 79: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

78

NORTH-SOUTH EXPRESS’Y CENTRAL LINK ( 48 KM)TOLL PLAZAS (CLOSED) - 7 NUMBERS

CON. PERIOD - 24 YEARS & 1 MONTH (4/94 - 5/2018)

Page 80: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

79

MALAYSIAN - SINGAPORE SECOND CROSSING BRIDGELENGTH OF EXPRESSWAY - 44 KM, BRIDGE - 2.0 KM

TOLL PLAZAS (OPEN) - 4 NUMBERSCONCESSION PERIOD - 30 YEARS(7/93 - 7/2023)

Page 81: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

80

DAMANSARA - PUCHONG HIGHWAY ( 40 KM)

CABLE STAYED BRIDGETOLL PLAZAS (OPEN) –

4 NUMBERSCON. PERIOD - 33 YEARS

(8/96 - 8/2029)

Page 82: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

81

AMPANG ELEVATED HIGHWAY

Page 83: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

82

WESTERN KL TRAFFIC DISPERSAL SCHEME

(KERINCHI LINK)

Page 84: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

83

WESTERN KL TRAFFIC DISPERSAL SCHEME

(PENCHALA LINK)

Page 85: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

84

Page 86: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

85

Page 87: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

INNOVATIVE PRODUCTSKL Tower Lighting & Laser Show

• See the tower changing colours in the night

86

Page 88: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

Kenya - Tourism

87

Page 89: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

CHM and CEOs of MoI Retreat, Msa

Page 90: Tuesday 8th March 2016 - ESAAG · Tuesday 8th March 2016 Eng. Stanley Kamau Director, PPP Unit National Treasury. ... Because such cost may be contingent or occur in the future, PPP

CONTACTSPublic Private Partnership (PPP) UnitNational TreasuryP.O BOX 30007 – 00100,Nairobi, KENYA. Tel: +254 20 ‐ 2252299

Email: [email protected]: www.pppunit.go.ke

89