The government’s proposed Sh375 billion overhaul of Jomo Kenyatta International Airport (JKIA) has landed in court after a consumer lobby sought to halt the project, citing unanswered questions, including alleged involvement of a firm linked to controversial Zimbabwean businessman Wicknell Chivayo.
The Consumers Federation of Kenya (COFEK) has also questioned financing arrangements and ownership structures of the project’s contractor.
In a constitutional petition filed at the High Court Nairobi, the lobby is seeking interim orders to stop further steps in the redevelopment of Kenya's largest airport until the government discloses key details about the project and its implementation framework.
The court has already certified the case urgent and directed the State to file its responses within seven days. It scheduled further directions for June 25, signalling that the court will move quickly on the challenge to the airport redevelopment plan.
The case names the Cabinet Secretary for Roads and Transport, the Kenya Airports Authority (KAA), the National Treasury and the Attorney-General as respondents. It also lists China Communications Construction Company (CCCC), China Road and Bridge Corporation (CRBC) and IMC Construction Kenya Ltd as interested parties.
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COFEK argues that the project involves extensive airport expansion works, airport-city developments, major financing arrangements and long-term public obligations estimated at Sh375 billion.
Design renders of what JKIA will look like after the airport is upgraded.
Photo credit: Pool
The lobby says critical information about the project remains undisclosed despite its scale and significance to the taxpayers.
"The petitioner is apprehensive that critical information concerning the project, including the consortium structure, beneficial ownership arrangements, financing framework, governance architecture, contractual obligations, risk allocation mechanisms and implementation modalities, remains undisclosed," court papers state.
The petition places particular focus on IMC Construction Kenya Ltd, which COFEK says is associated with Mr Chivayo.
The businessman has become a familiar figure in Kenya since 2022 when President Ruto took power. He has made a series of visits that included meetings with President Ruto at State House Nairobi and State Lodges in regions, appearances at official events and public engagements with senior government officials. He regularly shares photographs and videos of his meetings with the President on social media.
"Public reports further indicate that IMC Construction Kenya Limited, a company reportedly associated with Mr Wicknell Chivayo, forms part of the consortium and/or implementation structure associated with the project," the petition says.
COFEK argues that the nature, extent and legal basis of the company's participation have not been publicly explained.
Design renders of what JKIA will look like after the airport is upgraded.
Photo credit: Pool
The filing cites media reports that linked Mr Chivayo to the planned airport redevelopment and questions whether sufficient information has been released regarding the ownership and governance structure of entities involved in the project.
The petition does not accuse Mr Chivayo of wrongdoing. Instead, it asks the court to compel greater disclosure about companies participating in the infrastructure project.
The case opens a fresh chapter in scrutiny surrounding the future of JKIA, Kenya's main international gateway and one of the country's most valuable public assets.
According to court filings, the State Department for Aviation and Aerospace Development issued an international tender on March 3 this year for the proposed design, development and modernization of JKIA under Tender No. SDAAD/OT/001/2025-2026.
The project is anchored on an Integrated Master Plan prepared for the airport's expansion, modernization and long-term development.
Documents attached to the case show the plan extends beyond traditional airport upgrades and includes airport-city developments, commercial infrastructure, land-use planning initiatives and future expansion works.
COFEK argues that such a project attracts heightened constitutional obligations relating to transparency, accountability, access to information and prudent management of public resources.
The organisation says members of the public, taxpayers, airport users and investors remain unable to fully understand the project's financing structure, ownership arrangements, risk-sharing mechanisms and potential public obligations.
"The scale, scope and nature of the proposed project render it one of the most significant public infrastructure undertakings presently being pursued within the Republic of Kenya," COFEK Secretary-General Stephen Mutoro says in a supporting affidavit.
The lobby warns that implementation of the project is progressing and could result in binding contractual and financial commitments before the constitutional questions it has raised are determined.
It wants the High Court to stop the respondents from taking any further steps capable of creating new contractual, proprietary, financial or public obligations arising from the redevelopment programme.
The petition also seeks orders compelling preservation of all records, approvals, agreements, financing documents, correspondence and implementation records relating to the project.
COFEK argues that failure to intervene could allow authorities to conclude agreements, commit public resources and undertake irreversible implementation measures before public scrutiny is completed.
Security checks at the entrance of the Jomo Kenyatta International Airport in Nairobi.
Photo credit: File | Nation Media Group
The filing comes months after the government abandoned a similar controversial airport partnership proposal involving India's Adani Group following public opposition and governance concerns.
That earlier dispute heightened public scrutiny of transactions involving strategic national infrastructure and placed fresh emphasis on disclosure requirements for major public projects.
The latest case signals that questions about transparency, ownership structures and financing arrangements remain central to public debate over the future of JKIA.
Government agencies named in the petition had not filed responses by the time the case was lodged in court.
The court is expected to determine whether conservatory orders should be granted pending the hearing of the constitutional petition.
The outcome could influence not only the timeline of the JKIA redevelopment programme but also the level of disclosure required for future large-scale infrastructure projects involving public assets and long-term financial commitments.
