The High Court has declined to stop the Sh154.2 billion upgrade of Jomo Kenyatta International Airport (JKIA) and ordered the government to disclose key contract documents amid questions over the project’s financing and links to the late Zimbabwean businessman Wicknell Chivayo.
Prominent Zimbabwean businessman Wicknell Chivayo and his wife, Lucy Muteke, died in a helicopter crash on Wednesday evening, September 30, 2026.
Photo credit: Pool
Justice Gregory Mutai issued the order in a petition filed by the Consumer Federation of Kenya (Cofek), which sought disclosure of the revamp and suspension of the planned construction.
The project involves rehabilitating existing airport facilities, including runways and aprons, and building a new passenger terminal to boost annual passenger handling capacity to 22 million, from 7.5 million.
China Road and Bridge Company (CRBC), which constructed the Standard Gauge Railway, the Nairobi Expressway, and is also constructing the Rironi-Mau Summit toll road, has been tapped to build JKIA.
The High Court said Cofek's petition raises arguable questions about beneficial ownership, long-term public finance obligations and public land that warrant determination of the suit through a full hearing, but found insufficient grounds to suspend the project at this stage.
But the court reckoned that the Chivayo link was based on media reports and that Cofek had failed to produce evidence linking the late Zimbabwean to the JKIA project.
“The allegation concerning consortium structure, beneficial ownership and participation of a particular individual rests on press reports. These reports are not exhibited," said the judge.
“I also note that there is no specific act or omission pleaded against the interested parties in the petition," he added.
Justice Mutai dismissed the State’s request to strike out the petition, ordered the contract and notification of award of the tender filed within 21 days, and directed public agencies to preserve project records.
Design renders of what JKIA will look like after the airport is upgraded.
Photo credit: Pool
Among the documents the court ordered preserved and maintained are project approvals, agreements, resolutions, correspondence, financing records, implementation documents, land-use records and all other materials relating to the proposed design, development and modernisation of JKIA.
Cofek moved to court in June 2026 challenging the transparency and legality of the redevelopment project, questioning the disclosure of contractors’ beneficial ownership, consortium arrangements, financing terms, public financial obligations and the procurement process.
Respondents are the Roads and Transport Cabinet Secretary, Kenya Airports Authority, National Treasury and Attorney-General. China Communications Construction Company, China Road and Bridge Corporation and IMC Construction Kenya Ltd are named as interested parties.
The Ministry of Roads and Transport said on June 23 that the government had signed a Sh154.2 billion design-and-build contract with China Road and Bridge Corporation (CRBC).
It said procurement followed completion of the master plan in February 2026, with more than 40 companies attending an April pre-bid conference.
Kenya is keen to maintain its position as a travel hub in the region, even as Ethiopia and Rwanda invest billions in new airports to entice airlines and travellers.
Attorney General Dorcas Oduor.
Photo credit: Bonface Bogita | Nation Media Group
The Attorney-General termed the court row premature and based on media reports rather than verified evidence.
But Justice Mutai rejected the objection, finding the Public Procurement Administrative Review Board (PPARB) could not determine every issue.
Only candidates or tenderers could seek review at the board, said the judge, arguing that Cofek’s case also raised questions about beneficial ownership, public finance obligations and public land.
"The PPARB is not an answer to the entire petition, as only candidates or tenderers can request review; the petition also raises beneficial ownership, long-term public finance obligations and public land issues," he said.
The court said claims that Cofek had not formally requested information before filing the petition were an issue for the substantive hearing.
Justice Mutai said this did not remove the court’s jurisdiction over other constitutional questions.
“The petition raises an arguable question of the disclosure of beneficial ownership and long-term public finance obligation in a project of this magnitude, deserving determination of the full hearing," said the court.
Design renders of what JKIA will look like after the airport is upgraded.
Photo credit: Pool
Justice Mutai ordered the Roads and Transport Cabinet Secretary to file the contract and notification of award within 21 days. Other parties may respond within 14 days after the disclosures.
"The public interest is not served merely by the uninterrupted progress of a project,” he said, weighing this against the cost and delay suspension could cause without established proof of illegality.
