Kalonzo party seeks to join case opposing Adani-JKIA deal

Three political parties have sought to join a petition challenging plans to lease the Jomo Kenyatta International Airport (JKIA) to the Adani Group.

Appearing before High Court judge Bahati Mwamuye on Monday, Senior Counsel Kalonzo Musyoka informed the court that Wiper Democratic Alliance, Jubilee Party, and Democratic Action Party of Kenya (DAPK) were seeking to join the case filed by activist Tony Gachoka and Mount Kenya Jurists to oppose the deal.

The court directed Mr Musyoka to file a formal application, seeking to join the case and scheduled the case to be mentioned on October 17, for further directions.

Meanwhile, Mr Gachoka and Mount Kenya Jurists asked for more time to amend the petition to include more issues surrounding the deal. 

Through lawyers Kibe Mungai and Ndegwa Njiru, the petitioners said the court should consider sending the file to Chief Justice Martha Koome, for appointment of a bench to determine the matter.

Mr Gachoka and the lobby group are challenging the leasing plan, arguing that the entire process was done in secrecy since there was no public participation and the same could lead to a scandal.

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

The petitioners stated in the case that Section 3 of the Public-Private Partnership Act, does not contemplate 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.

Adani Group has defended the deal in a separate case arguing that the Indian firms seek to upgrade JKIA into a world-class airport.

Court documents showed that the Indian company sent the proposal for a privately initiated proposal (PIP) to KAA on March 1, 2024, and 17 days later, the application was cleared and Adani Airports Holdings Ltd. was given the green light to proceed with the feasibility study.

Ten days later, on March 28, the company provided the feasibility study report detailing the environmental and social impact of the project, the financial plan, and how the Kenyan public will get value for money, from the PIP project.

The company revealed that it also provided a preliminary operating plan for the project and the report confirmed that the project was aligned with the national infrastructure priorities as it was aimed at curbing the perennial infrastructure flaws and deterioration that has been witnessed at JKIA.

“Having considered the documents submitted, KAA is now engaged in negotiations on the next phase of the project,” Mr Alok Patni, for Adani, said.