Transaction Advisory Services for Implementation of the Privatization Programme

The Privatization Commission is a body corporate established under the Privatization Act, 2005 to implement Kenya’s Privatization Programme.

As part of the implementation of the programme approved by the Cabinet in December 2008, the Commission is inviting Expressions of Interest (EOI’s) for transaction advisory
services for the privatization of the following two (2) parastatals:

1. East African Portland Cement Company Limited
2. Kenya Electricity Generating Company Limited.

The Consultant, which should be a firm or consortium of firms will be required to assemble a team of highly qualified Kenyan and or international specialists with relevant expertise and recent experience in providing transaction advisory services, overall management of privatization transactions in the respective sectors, transaction structuring and commercial and legal advisory services.

A firm that does not have all the expertise for the assignment in-house may associate with another firm to provide the full range of the required expertise. However, any associating firm can associate with one firm only (i.e. be a member of only one consortium). Expressions of Interest from a firm associating with more than one firm/consortium will be rejected.

For each of the transactions, the consultant will be required to:

• Carry out financial, legal, technical and strategic direction due diligence for the respective company;
• Recommend the most appropriate privatization strategy for each of the companies;
• Undertake business valuation of the respective company;
• Facilitate discussions between the Commission, the shareholders and the key stakeholders;
• Facilitate procurement of other consultants required to implement the transaction and coordinate their activities;
• Advise the Commission on all the requirements to implement the recommended privatization strategy;
• Prepare any documents that may be required to implement the approved privatization strategy;
• Organize and participate in road shows; and
• Provide any other service as may reasonably be required of a Transaction Advisor.

Interested consultants must provide information indicating their qualifications; capabilities and details of past experience especially in transaction advisory services
(brochures; short description of up to three (3) similar assignments undertaken in
the last five (5) years and the names and contacts of clients; experience in similar
conditions and availability of appropriate skills among staff).

The Privatization Commission will prepare a short list of firms to whom the request for proposals (RFPs) will be distributed. Consultants will be selected in accordance with the public sector procurement procedures set out in the Public Procurement and Disposal Act (2005) and the Public Procurement and Disposal Regulations (2006).

The consultant may express interest in either one or both consultancies.

Expressions of interest which will include an original and 4 (four) copies must be received at the address below on or before 12.00 noon on Thursday 8th April 2010.

The Executive Director/CEO
Privatization Commission
11th Floor, Extelcoms House
Haile Selassie Avenue
Nairobi

Email: ed.ceo@pc.go.ke

The Privatization Commission is not bound to accept any Expression of Interest it
receives.

Solomon Kitungu
Executive Director/CEO