The High Court will rule on October 25, whether it will refer a case challenging the controversial takeover of JKIA to the chief justice to appoint an uneven number of judges to determine the matter.
Justice John Chigiti said the application seeking a bench of judges will be prioritised over that raised by the Kenya Airports Authority, which has raised issues of jurisdiction by the High Court to hear the matter.
The judge subsequently directed parties to file and exchange their responses to the application before October 25, when a ruling will be delivered.
Indian firm Adani Airports Holdings Limited has since dismissed claims that the Jomo Kenyatta International Airport (JKIA) has been leased for 30 years, saying the project is yet to be approved.
The company argues that the current cases filed in court challenging the controversial takeover are ill timed as the project is still at the review and due diligence stage.
In response to a case filed by the Kenya Human Rights Commission and the Law Society of Kenya, Alok Patni says most of the information contained in the current case is false.
The group, however, admits to developing an interest in JKIA following media reports that highlighted its deteriorating state.
The ambitious investor explains that they proceeded to develop a privately initiated proposal (PIP) in March this year and sent the same to the Kenya Airports Authority (KAA) From the proposal, Patni who says he is the authorised signatory of Adani Airport Holdings, gave a detailed analysis of the project delivery plan.
There was also a justification for using PIP method, value for money and the positive impacts of the proposed project. They undertook to improve four particular areas at JKIA.
One was to establish a new passe get terminal building and refurbish the existing passenger terminal buildings to increase the passenger capacity of the terminals.
They were to also enhance the airside pavement works, including the construction of new taxiways and undertake other improvements as necessary for modernisation of the Airport.
"We submitted the PIP and paid a review fee of $50,000 to the public private partnership facilitation fund as required by law," says Patni.
What followed was KAA confirming receipt of the PIP and clearing the project to proceed to the feasibility study phase.
According to the court documents, Adani Airport Holdings Limited provided the 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 project Adani maintains is still under review.
"But if the contract is signed in the PIP, the project will elevate the status of JKIA and also offer an increase in job opportunities to Kenyans both in skilled and professional positions," reads their documents in part.
The Adani's have asked the courts to allow the PIP to proceed through the various stages and have the matter by LSK struck out for want of jurisdiction.
Patni argues that any matter arising from a PIP lies with the Public Private Partnership Petition Committee and that the court has no authority to hear and determine the case.