The Privatization Programme is a list of public sector assets and operations approved by the Cabinet to be considered for privatization and subsequently privatized once the approval process is completed.

The Privatization Commission Board comprises of the following members:

a Chairman appointed by the President;

the Attorney General

he Permanent Secretary to the Treasury

seven members, not being public officers appointed by the Minister and approved by the relevant Committee of Parliament, by virtue of their of their expertise in such matters as they will ensure that the Commission achieves its objectives; and

Under Section 29 (1) of the Privatization Act, both Kenyans and non-Kenyans are eligible to participate in privatization. However, the Minister for Finance may limit participation in any privatization to Kenyans or ensure that there is a specified minimum level of participation by Kenyans in any privatization.

The Privatization Act, 2005. The Act was enacted by Parliament in 2005 to provide for the privatization of public assets and operations, including state corporations. The Act entrenches the privatization process in the Law and also provides the institutional framework to manage privatizations. There are however, other Acts of Parliament that apply to specific transactions in addition to the provisions of the Privatization Act.