Kenyan Seeks Court Intervention to Halt JKIA Upgrade Deal with Adani, Citing Constitutional Violations

A legal battle is brewing in Kenya over a significant development project at the Jomo Kenyatta International Airport (JKIA). A Kenyan citizen, Isack Lango Guyo, has moved to the Milimani Law Courts to stop a Privately Initiated Proposal by Adani Airport Holdings Limited, which seeks to upgrade the country’s primary international gateway. Guyo’s petition calls for the nullification of all proceedings and agreements related to Adani’s project, citing a lack of public participation and transparency, which he argues infringes upon the Kenyan Constitution.

In the petition, Guyo argues that the process leading to Adani’s proposal was marred by severe constitutional breaches. “This court declares the entire transaction including the privately initiated proposal by Adani Project Holdings and all the attendant processes related thereto as unconstitutional, null and void,” reads the court papers. Guyo contends that the exclusion of the public from the transaction and the lack of transparency and accountability are serious violations of the constitution.

The legal complaint emphasizes the constitutional requirement for public participation and transparency in significant national projects. Guyo asserts that the government’s actions undermine these principles and set a dangerous precedent for future Public-Private Partnerships (PPPs) involving strategic national assets. He has called for a judicial declaration to prevent the government from pursuing similar PPPs without full compliance with constitutional principles.

Prime Cabinet Secretary Musalia Mudavadi addressed the issue amidst growing public concern and speculation. In a statement published in the Tuesday dailies, Mudavadi clarified that the government has not yet agreed on terms with Adani Airport Holdings. He confirmed that the proposal, submitted by the Indian firm under the PPP framework in March 2024, is still under review.

“The government is committed to ensuring transparency and public participation in all major projects,” Mudavadi stated. “We are currently reviewing Adani’s proposal to ensure it aligns with our constitutional and developmental goals.”

The proposed upgrades at JKIA are extensive. They include the construction of a new passenger terminal, refurbishment of existing terminals, the construction of a second runway, and enhancements to cargo handling facilities. These developments are intended to modernize the airport, improve its capacity, and position it as a leading aviation hub in the region.

However, the controversy surrounding the project underscores the tension between rapid infrastructure development and adherence to constitutional mandates. Public participation is a cornerstone of Kenya’s governance framework, and any perceived deviation from this principle often sparks significant backlash.

Guyo’s petition is a critical reminder of the need for inclusive and transparent decision-making processes, especially for projects of national importance. The outcome of this legal battle could have far-reaching implications for how Kenya handles future PPPs and large-scale infrastructure projects.

The court’s decision on this matter will be closely watched, not only by those directly involved in the JKIA project but also by stakeholders in other proposed PPPs. It will set a precedent for how the Kenyan government balances the urgency of infrastructure development with the constitutional rights of its citizens.

In conclusion, the case brought by Isack Lango Guyo against the JKIA upgrade proposal by Adani Airport Holdings highlights the ongoing struggle to uphold constitutional principles in the face of ambitious development projects. The petition serves as a crucial check on government actions, ensuring that public participation and transparency remain integral components of Kenya’s growth trajectory. As the court deliberates on this issue, the nation watches, hopeful for a resolution that honors both constitutional mandates and the need for progress.