[Insight]
Why Land Value Capture & PPPs Will Determine Kenya's Next Decade of Urban Investment
[Insight]
Why Land Value Capture & PPPs Will Determine Kenya's Next Decade of Urban Investment

Opening Perspective
Kenya's urban infrastructure gap will not be closed by the budget. It will not be closed by sovereign debt. It will not be closed by donor pipelines alone. The arithmetic does not work. By 2050, more than four in ten Kenyans will live in cities. The investment needed in transit, water, sanitation, drainage, affordable housing, and energy at the urban scale runs into trillions of shillings. The fiscal envelope does not.
Two instruments together can close most of that gap. Land Value Capture, which monetises the uplift the public creates when it invests in infrastructure. Public Private Partnerships, which bring private balance sheets and operating discipline into delivery. One is on the books and barely used. The other is in operation but the pipeline is thin. Neither alone is enough. The combination is what serious urban economies have used for decades.
The next ten years will not be decided by whether Kenya has the legal frameworks for both. It does. The decision is whether it operationalises them at the scale the urban future requires.
Where We Are
Kenya already legislates the instruments. Implementation has lagged the legislation by years.
Land Value Capture sits across several statutes. The Physical and Land Use Planning Act, 2019 provides for development control, development charges, and contribution levies tied to infrastructure investment. The Urban Areas and Cities Act, 2011 establishes urban authorities and their financing pathways. The Rating Act and the Valuation for Rating Act govern county property taxation. The Land Act, the Land Registration Act, and the National Land Commission Act provide the land governance framework. The Constitution at Article 209 sets out the taxation powers of national and county governments, including property rates.
The instruments exist. The yields do not. Property rates collection across most counties remains a fraction of potential. Betterment levies and contribution mechanisms tied to specific infrastructure investments are barely applied. Stamp duty leakage is well documented. Development charges are negotiated case by case rather than computed against a transparent valuation. The legal scaffolding is in place. The institutional muscle to execute is not.
PPPs sit under the Public Private Partnerships Act, 2021, which replaced the 2013 framework, alongside the PPP Regulations and a Directorate within the National Treasury. The Act covers national and county projects. It standardises preparation, tendering, and contracting. It establishes the PPP Committee. The Nairobi Expressway is the most visible transaction concluded under the prior framework, a thirty year build operate transfer concession that demonstrated Kenya could close large infrastructure deals on commercial terms.
Below that visible transaction, the pipeline thins quickly. Few projects move from concept to bankable structure each year. The constraints are not legal. They are operational. Project preparation capacity is limited. Revenue models are weak. Political risk pricing is high. The National Infrastructure Fund Bill, 2026 begins to address some of these constraints by creating a dedicated preparation capability and formalising Government Support Measures. It does not by itself produce projects.
Sovereign debt is near its limits. Borrowing costs have risen. County borrowing is largely untested. Donor finance is concentrated and slow. User fees alone cannot fund metropolitan infrastructure.

ACAL Advisory Team
Public Sector Advisory Practice
Four Things That Will Define the Next Decade
1. The conventional financing model has hit its ceiling
The financing instruments Kenya has relied on for urban infrastructure are running out of headroom.
Sovereign debt is near its constitutional and prudential limits. The cost of borrowing has risen sharply over the last three years. County borrowing remains largely untested, with a small number of counties having issued debt and most relying on the equitable share. Donor concessional finance, while still meaningful, is concentrated and slow to disburse. User fees alone cannot fund metropolitan scale infrastructure. Transit, drainage, water, and affordable housing have weak direct revenue streams.
The implication is direct. Closing the urban infrastructure gap requires capital that is not in the budget, is not sovereign debt, and is not donor money. The only place that capital exists at scale is in private balance sheets and in the value created when public investment lifts land prices. PPPs reach the first. LVC reaches the second. Neither is optional.
2. Land Value Capture is the most underused fiscal instrument in Kenya
The economic case for LVC is simple. When a public road, transit line, water main, or sewer is built, the land within its catchment becomes more valuable. The owners of that land receive a windfall they did nothing to earn. Other cities have long captured a portion of that uplift and recycled it into more infrastructure. Bogotá's contribución por valorización financed a substantial share of road investment over decades. Hong Kong and Tokyo built rail systems financed in part by the development rights along the corridor. São Paulo monetised development potential through CEPACs. Hyderabad used tax increment financing to fund the outer ring road.
Kenya does the opposite. Public investment lifts land values. The lift accrues entirely to private owners. The public balance sheet absorbs the full investment cost and recoups nothing of the value its own spending created. This is the most expensive policy choice in Kenyan urban finance, and it is being made by default rather than by design.
The instruments available are familiar. Betterment levies on properties in defined catchment areas. Development charges tied to formal valuation. Land readjustment and pooling in greenfield development. Sale of additional development rights through transparent mechanisms. Tax increment financing for designated improvement districts. Each requires institutional capacity to value land credibly, define catchment areas defensibly, and collect levies consistently. That capacity has been the missing variable.
Building that capacity is not a five year project. It is a deliberate operational programme that has to run across the National Treasury, the Ministry of Lands, the National Land Commission, the Council of Governors, and the relevant county departments. It is doable. It has not been done.
3. PPPs need a thicker pipeline, not a different framework
The conversation about PPPs in Kenya has cycled through framework reform for over a decade. The PPP Act, 2013, the PPP Regulations of 2014, the amendments, the 2021 Act, the supporting regulations. The framework now is fit for purpose. The challenge has moved to the pipeline.
Few projects are reaching the structuring stage in any given year. The constraints are concrete. Project preparation budgets are thin and depend heavily on donor support, which is selective. Revenue models for urban transit, drainage, and water lack the contractual and tariff certainty that bankability requires. Counties, which the PPP Act now explicitly covers, often lack in house capacity to identify, prepare, and structure projects. Political risk pricing on Kenyan transactions is higher than the underlying fundamentals warrant.
Each of these is addressable. The National Infrastructure Fund Bill, 2026, when enacted, creates a dedicated preparation capability and formalises Government Support Measures. The Office of the Auditor General and the Treasury are tightening fiscal disclosure on contingent liabilities. Concessional capital providers continue to offer first loss and guarantee instruments. What is missing is sustained operational focus on building a deeper pipeline rather than rotating through legal reform.
4. LVC and PPPs work better together than either does alone
This is the point that gets lost in policy discussion. LVC and PPPs are usually debated as separate instruments. The serious markets use them as one system.
In a transit PPP, the private partner builds and operates the line. Fare revenue alone does not cover capital cost in most cities. LVC, applied through betterment levies or development right monetisation in the corridor, closes the revenue gap and makes the transaction bankable. In an affordable housing PPP, the private partner builds the units. Land contributed by the public sector at appropriate valuation, with development rights structured to capture future uplift, becomes part of the financing structure rather than a hidden subsidy. In urban regeneration, land readjustment provides the financing mechanism. PPP delivery provides the build out.
Used together, LVC monetises the value the public creates. PPPs deliver the infrastructure that creates the value. The two are designed for each other. Used separately, both underperform. Used as a system, they unlock projects that neither could close alone.
Kenya has yet to structure a single major urban transaction in which LVC is an integral revenue stream rather than an afterthought. That is the shift the next decade requires.

Implications
For National Government
Treasury and Lands need a coordinated operational programme to activate LVC at scale. The Public Finance Management Act, the PPP Act, and the proposed National Infrastructure Fund Act create the architecture. What is missing is an operational protocol that aligns project preparation with land valuation, designates LVC catchment areas around major infrastructure investments, and ring fences a portion of the captured uplift for additional infrastructure spending. The protocol should also clarify how LVC revenues flow between national and county governments to avoid future fiscal disputes.
For Counties
County urban authorities are where most LVC instruments will be applied. County valuation rolls need updating. Property rates collection systems need strengthening. Betterment levy capability needs to be built where it does not exist. Counties with metropolitan ambitions should treat LVC capability as a precondition for accessing larger infrastructure pipelines, not as an optional administrative reform. Where county capacity is thin, regional or shared service arrangements may move faster than each county building the function from scratch.
For Donors and DFIs
The most useful donor money in the next twelve months is technical assistance to operationalise LVC and to thicken the PPP pipeline. Both are exactly the kind of patient, institution building work that donors do well and that markets cannot solve through transactions alone. Co financing follows operational readiness. Operational readiness will not arrive without sustained TA. Donor programmes designed around projects need to add an institutional dimension that supports the LVC and PPP capability layer beneath them.
For Private Capital
Investors, project developers, and transaction advisors should anticipate the next generation of Kenyan PPPs to include LVC denominated revenue streams. Pricing, due diligence, and contractual structures need to adapt. Markets that have operated LVC for decades, including those in Latin America and East Asia, offer transferable lessons. Private capital that engages early in shaping how LVC is monetised within transactions, rather than reacting after the fact, will be better positioned.
Closing Perspective
Kenya is not short of infrastructure ambition. The National Spatial Plan, the integrated urban development plans, the metropolitan transit master plans, the affordable housing programme, the county development plans. The plans are there. The financing has lagged.
The gap will not be closed by repeating the financing patterns of the last twenty years. It will be closed by activating the two instruments that have been legislated but not operationalised at scale. Land Value Capture, which monetises the uplift the public creates. PPPs, which bring private capital and discipline into delivery. Together, they are the only credible combination at the scale Kenya needs.
The decade to come will be defined less by which legal instruments exist and more by whether the institutions that hold them choose to use them. The legal architecture is sufficient. The operational architecture is not. Building it is patient, unglamorous work. It is also the work that decides whether Kenyan cities in 2036 look like Kenyan cities in 2026 with more potholes, or like the cities the long term plans actually describe.
This is the moment to commit to the operational build. The instruments are ready. The need is unambiguous. What remains is execution.
ACAL Consulting Africa Limited is a development advisory practice retained by governments, donors, and development finance institutions across East Africa. We work at the intersection of policy, capital, and delivery.
Strategic Insights That Drive Business Success
Strategic Insights That Drive Business Success
Strategic Insights That Drive Business Success



