The High Court has ordered the Kenyan government to provide proof that the controversial Adani Group deal involving the takeover of Jomo Kenyatta International Airport (JKIA) has indeed been cancelled. The ruling comes amid ongoing legal proceedings challenging the leasing of JKIA to the Adani Group, a decision that has sparked heated debates over its legality and the public interest.
The court’s directive came after Advocate Ezra Makori, representing the Adani Group, informed the court that the projects tied to the controversial deal had been cancelled, prompting the group’s request to be excused from the proceedings. Makori’s submission suggested that the contract, which had raised concerns regarding transparency and potential corruption, was no longer active. However, the court’s response indicated that the cancellation of the deal was not as clear-cut as the defense claimed.
The petitioners in the case, led by prominent figures such as Tony Gachoka and the Mt Kenya Jurists, were quick to challenge Makori’s statement. Through their legal representatives, including Senior Counsel Kalonzo Musyoka, Kibe Mungai, Dan Maanzo, and Eugene Wamalwa, they contended that there was no tangible evidence to support claims that President William Ruto had officially cancelled the deal. They demanded full accountability for the project’s initiation and emphasized that the legal process must continue to scrutinize the deal, especially in light of concerns about the constitutionality of the Public-Private Partnership (PPP) Act provisions under which the Adani deal was made.
Kalonzo Musyoka, one of the petitioners’ key legal advisors, made a pointed remark, stressing that the case was not simply about a contractual dispute, but about high-level corruption. He insisted that the public deserved to know what had actually been cancelled and called for a thorough examination of the deal’s origins and its legal underpinnings. Musyoka, alongside his colleagues, emphasized the importance of public interest litigation in holding the government and its partners accountable, particularly when dealing with national assets like JKIA, which belong to the people of Kenya.
Justice Bahati Mwamuye, presiding over the case, was firm in her directive. While she acknowledged Makori’s claim about the cancellation of the deal, she ruled that the state must produce verifiable evidence to prove that the Adani contract had indeed been called off. In the absence of such proof, Justice Mwamuye also issued a clear order blocking Adani and any other entities from taking over the airport until the case is fully determined. This injunction is crucial, as it effectively halts any further action related to the privatization or leasing of JKIA until the court resolves the legal questions raised by the petitioners.
The ongoing legal battle is not only a matter of national interest but also a reflection of the larger debate surrounding the use of public-private partnerships in the management of Kenya’s strategic assets. Critics of the Adani deal argue that it was shrouded in secrecy, lacked transparency, and may have been signed without proper consideration of the long-term implications for the country’s sovereignty and economic security. On the other hand, supporters of the deal assert that such partnerships are essential for modernizing infrastructure and boosting Kenya’s economic prospects.
As the case continues to unfold, the focus remains on ensuring that the process surrounding JKIA’s leasing or privatization is transparent, accountable, and aligned with the constitution. The petitioners’ call for accountability, especially regarding the initiation of the deal, highlights the growing concerns over governance and the management of public resources in Kenya.
For now, the status of the Adani-JKIA deal remains in limbo, as the court awaits proof of its cancellation and considers the legal challenges against it. The decision on whether the deal can proceed or not will likely have far-reaching implications for how Kenya handles future public-private partnerships and its approach to safeguarding national assets.
