The High Court in Nairobi has issued conservatory orders barring the government from implementing any of the deals agreed between Kenya Electricity Transmission Company Limited (KETRACO) and Adani Energy Solutions Limited.
Justice Bahati Mwamuye also stopped the KETRACO and Adani from entering into any new agreement or furthering any existing agreement.
“Pending the inter partes hearing and determination of the Application dated October 23, 2024, a conservatory order be and is hereby issued restraining the Respondents, jointly and severally, directly or by their servants, agents, associates, or related entities,” Mwamuye ruled.
Law Society of Kenya (LSK) sought conservatory orders suspending the implementation of the Project Agreement said to have been entered into between KETRACO and the Adani Energy Solutions Limited.
In both the Application and the Petition, the petitioner contended that the agreement is " a constitutional sham" and it is "tainted with secrecy” and is short of the principles of integrity.
LSK also faults the respondents (KETRACO and Adani) for allegedly not conducting meaningful public participation in the proposal and for allegedly not undertaking proper due diligence of the proposal contrary to constitutional imperatives and the provisions of the Public Private Partnerships Act.
The case shall be mentioned on November 11, 2024, to confirm compliance and to take further directions on the expedited hearing and determination of the application and petition.
On October 11, 2024, Energy and Petroleum Cabinet Secretary Opiyo Wandayi announced the signing of a multi-billion shilling deal between KETRACO and Adani Energy Solutions Limited.
Wandayi stated that the deal, which is estimated at Sh95.68 billion (USD 736 million), will see the Indian company develop, finance, construct, and operate critical transmission lines and substations across the country.
He noted that the agreement aims to tackle Kenya’s chronic power outages and ensure more reliable electricity access to support the country’s growing economy and industrial ambitions.
He noted that, over the next 30 years, Adani will manage the infrastructure under the agreement, ensuring its long-term sustainability before transferring it to KETRACO.