Abstract to an LL.M. Dissertation
The Kenyan Government, like other governments, took up the task of reforming its railway sector to create room for private investors’ participation. This was done by way of an amendment to the Kenya Railways Corporation Act, 1978 which saw the introduction of section 11A to allow for concessions. Despite this development, the actual participation of private investors remains at its minimal with the Kenyan Government retaining dominance in the sector. This state of affairs points to a disconnect between statutory provisions and the reality on the ground with respect to the actual implementation of an open railway market in Kenya. Surprisingly, even with the flagship of the Standard Gauge Railway Project under the new railway regime which opens up the sector to competition, the government continues to abuse its dominance by restricting entry into the sector. Such were the circumstances that necessitated this study to establish the cause for this disconnect in the law and the implementation of an open railway market in Kenya.
In undertaking this study, both field research and documentary review were employed. Interviews proved a dependable tool in the field study. Findings from each methodology employed were subsequently analyzed against the objectives of the study and the set hypotheses.
In finality, the study establishes a number of bottlenecks in the legal and institutional framework and concluded that the implementation of an open railway market in Kenya remains a fluid concept with the government showing minimal commitment to enabling private investors’ participation. Thus, the research recommends reforms in the legal and institutional framework to loosen these bottlenecks in order to facilitate an efficacious implementation of the Standard Gauge Railway project under a liberal railway regime.