KAA, the National Treasury, the Public Private Partnership Unit and the Ministry of Transport were all listed as respondents.
The deal between the Kenya Airports Authority (KAA) and Adani Airport Holdings Limited is in danger of falling apart after a Kenyan moved to court seeking to stop a Privately Initiated Proposal by the Indian firm seeking to upgrade the Jomo Kenyatta International Airport (JKIA).
In a petition filed at the Milimani law court dated July 25, the petitioner wants the court to nullify all proceedings and agreements related to the project by Adani.
KAA, the National Treasury, the Public Private Partnership Unit and the Ministry of Transport were all listed as respondents.
The Milimani Law Courts in Nairobi. /FILE
“The Petitioner prays that this Honourable Court declares the entire transaction, including the Privately Initiated Proposal (PIP) by Adani Airport Holdings Limited and all attendant processes related thereto, as unconstitutional, null, and void ab initio, for failing to adhere to the principles of transparency, accountability, and public participation,” the first request read in part.
The petitioner in the second request wanted the High Court to issue the immediate cessation and nullification of all proceedings, agreements, and activities related to the said PIP by Adani Airport Holdings Limited to prevent any further infringement of constitutional and statutory provisions.
Lastly, the petitioner prayed that the High Court issue a permanent injunction restraining the respondents, either by themselves, their agents, or any other parties acting under their authority, from entering into or pursuing any future Public-Private Partnership (PPP) agreements or transactions related to JKIA.
The petitioner argues that the project at JKIA is marked by severe breaches of the Constitution adding that the exclusion of the public from the transaction and the lack of transparency and accountability is a serious violation of the constitution.
This injunction will therefore encompass any strategic national asset including other airports and airstrips across the country.
According to the petitioner, such a partnership can only proceed with full compliance with the constitutional principles of transparency, accountability, and public participation.
The petition was filed despite assurances by President William Ruto and his government that the airport was not for sale.
Prime Cabinet Secretary Musalia Mudavadi said the government has not agreed on terms with Adani Airport Holdings of India amid speculations of intentions to sell JKIA to the private investor.
Mudavadi confirmed that the government is reviewing the proposal submitted by the Indian firm under the Public Private Partnership (PPP) in March 2024.
On Monday, July 29, Kisii Senator Richard Onyonka, claimed that the leasing of JKIA was just the beginning and that there was a wider plot for Adani to manage all of the country’s airports.
Terminal 1A building at JKIA, Nairobi. /FILE