JKIA-Adani row: Second petition against deal filed in court

The controversial leasing deal involving Jomo Kenyatta International Airport (JKIA) and Adani Airport Holdings has sparked significant opposition, with multiple petitions filed in court to block the agreement. On Thursday, activist Tony Gachoka and the Mount Kenya Jurists added their voices to the growing dissent, filing a petition against the proposed deal. This follows similar actions earlier in the week by the Kenya Human Rights Commission and the Law Society of Kenya, highlighting the increasing pushback against the leasing arrangement.

The crux of the petitioners’ argument lies in the claim that the deal, which involves a strategic national asset, was not subjected to the mandatory public participation process. They argue that the proposed alienation of JKIA to a private entity such as Adani Airport Holdings should have been transparently discussed with the public, considering the strategic importance of the airport to the nation.

According to the petitions, the terms of the agreement are described as a “dubious guarded private-public partnership deal” that has been shrouded in secrecy. The petitioners further assert that unless the courts intervene, there is a risk of the assets being unlawfully alienated in favor of the Adani group, without adequate scrutiny or accountability. This lack of transparency has fueled concerns over the potential impact on national interests and public resources.

The petitions come at a time when the Kenya Aviation Workers Union has also expressed concerns over the deal. The union had previously initiated a strike to protest against the lack of clarity and involvement in the decision-making process regarding the JKIA leasing. However, they reached a return-to-work agreement with the government on Wednesday, ending their one-day strike. As part of the agreement, the union has been given ten days to review the Adani deal documents, after which they will decide on their next course of action.

Despite the growing opposition and legal challenges, the government has maintained that no formal agreement has been signed with Adani Airport Holdings. In a statement, Government Spokesperson Isaac Mwaura emphasized that JKIA remains a strategic national asset and reassured the public that it is not up for sale. He clarified that the Adani JKIA venture is merely a proposal at this stage, and no final decision has been made.

“The Adani JKIA venture is only but a proposal,” Mwaura stated, attempting to calm the fears and speculations that have surrounded the deal. The government’s stance underscores its commitment to ensuring that JKIA’s strategic importance is not compromised, despite the ongoing discussions about potential public-private partnerships.

The opposition to the JKIA-Adani deal is reflective of broader concerns about public asset management in Kenya. Public-private partnerships, while often seen as a way to enhance efficiency and investment in public infrastructure, can also raise significant concerns about transparency, accountability, and the safeguarding of national interests. In the case of JKIA, a key gateway for international travel and a critical component of Kenya’s economy, the stakes are particularly high.

As the legal battles unfold, the future of the JKIA-Adani deal remains uncertain. The courts will play a pivotal role in determining whether the proposed arrangement will proceed or be halted in response to the petitions. For now, the debate continues, with stakeholders and the public closely watching the developments.

The outcome of this row could set a precedent for how Kenya handles similar deals involving national assets in the future. It also highlights the importance of ensuring that public participation and transparency are prioritized in decisions that affect the country’s strategic resources. As the JKIA-Adani saga unfolds, it serves as a reminder of the delicate balance between attracting foreign investment and safeguarding national sovereignty and public interest.