NAIROBI Securities Exchange has reported increasedinvestor interest on state entities set for sale, after the assent of the Privatisation Bill, 2025 into law by President William Ruto last week.
The Privatisation Act, 2025 now sets the ground for the offloading of government entities in a planned sale of key entities and loss-making corporations to boost revenue and reduce reliance on public funds.
The privitisation Act which puts Parliament
at the centre of approvals opens the door for uptake by the private sector and
public shareholding in government entities, as it moves let go at least 11 parastatals,
albeit retaining shares in some. The
11 targeted entities include profit making-Kenya Pipeline Company
(KPC) and other struggling entities among
them Kenyatta International Convention Centre
(KICC), Kenya Literature Bureau, New Kenya Co-operative
Creameries, Mwea Rice Mills and National Oil Corporation
of Kenya (NOCK). Others are Kenya Seed Company
Limited, Western Kenya Rice Mills Ltd, Machining Complex, Kenya Vehicle
Manufacturers Limited. The once textile giant–Rivatex East Africa
Limited has already been leased to a foreign investor, ARISE Integrated Industrial
Platforms, on a 21-year deal. The main focus is however on the country’s fuel storage and transportation
firm–Kenya Pipeline which is
set for a public offering (IPO) on the NSE, expected to come earlier than the initial
target of March 2026. Government expects to raise at least Sh100 billion from the sale of KPC
alone with the offloading of a 65 per cent stake, retaining 35 per cent. NSE chairman Kiprono
Kittony yesterday said investors have increased interest ahead of
the IPO, even as the overall market looks bullish. “Investors have shown alot of interest and the indices are strong. We are just waiting for the government to finalise
the process and bring KPC for listing which could even before the year
ends. The market is bullish,” Kittony told the Star yesterday. Official data shows the NSE 20, which tracks the top blue-chip stocks or
companies, rose by 1.45 per cent last week to 2,984.54 points, NSE 25 by 2.11
per cent to 4,682.27 while NASI All-Share (which represents the performance of all securities listed onthe
exchange) went up 2.21 per cent to 176.39. The N10, which tracks the market’s 10 liquid
stocks
went up by 0.55 per cent to 1,767.79 with market capitalisation closing at Sh2.78
trillion, a 2.21 per cent increase from the previous week. During the week, the total market turnover of the top five companies was
Sh1.04 billion, accounting for 68.63 per cent of the total turnover. The top five companies by market turnover were Safaricom, KCB, KPLC,
Equity and KenGen. Meanwhile, the Privatisation Act 2025, which replaces the 2005
Privatisation Act and establishes the Privatisation Authority
to implement the programme in place of a Commission, mandates Treasury CS to
identify and provide
policy direction on matters related to privatisation. The process, which
has to be approved by Members of Parliament, must also allows public participation
and ensure transparency and accountability, efficiency and sustainability and
cost effectiveness and value for public resources. “During
the formulation of the privatisation programme, the Cabinet
Secretary shall make appropriate consultations with persons who are likely to
be affected by the privatisation of a public entity,” the Act reads in part. The law also
requires that persons with expertise in fields relevant
to the entities to be included in the privatisation programme, organisations representing persons
who are likely to be affected and members of the public. The Cabinet
Secretary will be required
to submit
a privatisation programme to the National
Assembly for approval,
accompanied
by an explanatory memorandum. MPs will then consider
the privatisation programme within sixty days of
receipt guided by criteria
for principles of public finance under Article 201 of the Constitution,
principles of good governance, the criteria for identification of entities and
any other relevant consideration. A privatisation programme shall be valid for a period not exceeding eight years
from the date of gazettement. If, on expiry of the programme privitisation has not been completed,
the Cabinet Secretary may include the affected entities in another privatisation programme formulated and
approved. The methods of privatisation shall includeinitial public offer of shares, sale of shares by public tender, sale resulting from the exercise of
pre-emptive rights,
or other method determined by the Cabinet. This means Cabinet
can override all other provisions and approve a direct sale. Civil society and policy analysts have raised
concerns that some clauses could expand state power
and limit civic freedoms. The Privatisation Act,
for instance, enables
the government to sell state-owned enterprises without requiring fresh Parliamentary approval, a
move many economists say weakens public oversight and could open the door to
politically driven asset sales.
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