Mt Kenya Jurists, Tony Gachoka challenge JKIA-Adani deal in court

Activist Tony Gachoka and a group of lawyers have moved to court over the government’s plan to lease Jomo Kenyatta International Airport (JKIA) to India's Adani Enterprises, bringing the number of court petitions filed against the deal to three.

Mr Gachoka and the group of lawyers under the umbrella group Mount Kenya Jurists are challenging the 30-year leasing plan on grounds that the entire process is opaque and was done without public participation.

The petitioners state that Section 3 of the Public Private Partnership Act does not contemplates a scenario where the government would alienate the already existing projects in favour of a private citizen, especially where the citizens have ejected public funds into the project.

The Indian firm intends to upgrade the airport, including the construction of a second runway and a new passenger terminal under a 30-year-build-operate-transfer (BOT) contract.

Mr Gachoka said JKIA is the flagship airport of the Kenya Airports Authority and the ideal gateway into East and Central Africa. 

“The airport is a national heritage and the pride of the people of Kenya...it is a significant symbol of our sovereignty that goes to the sacred sole of our nation, as envisioned and envisaged under Article 1 of our Constitution,” Mr Gachoka said in an affidavit in support of the petition. 

The petitioners argue that before the deal was proposed, the government did not carry out any form of advertisement either by way of an Expression of Interest (EOI) or otherwise.

The petitioners have named Adani Group, CSs John Mbadi (Treasury), Davis Chirchir (Roads and Transport), Attorney-General Dorcas Oduor and the managing director KAA in the suit.

Deal blocked

The High Court has already issued an order blocking implementation of the deal following a petition by the Kenya Human Rights Commission and Law Society of Kenya. 

Justice John Chigiti issued the order last week and directed that the case be mentioned on October 8.

Another petition was filed last month by Mr Issack Lango Guyo who sought cancellation of the deal on grounds that the process was unconstitutional and rushed.