Procedural Fairness and the Privatization of Public Services: a Case Study of the Street Lighting Contract Between Nairobi City Council and Adopt-a- Light Limited

Abstract

The aim of this project is to interrogate, by way of a case study, the degree or lack thereof of procedural fairness in the course of privatization of public services in Kenya. The project will seek to investigate the rationale and pivotal importance of due process in the privatization of public services and in particular from the viewpoint that privatization of public services invariably involves the 'exercise of decisions that will ultimately impact on the individual citizen. The accountability deficits and benefits that may accompany such privatization especially in light of the traditional avenues for legal redress such as judicial review for an individual citizen who has been injured by processes relating to discretionary exercise of legal powers will also be delved in to, and the findings there from juxtaposed with the current legal regime on privatization in Kenya. Secondly the issue of procedural fairness as a methodic concept of democracy will also be investigated in light of the case study. Finally, proposals by which the law can be enl isted to play a pivotal and effective role in ensuring the cognizance and incorporation of due process in the area of privatization of public services will be proffered.