Justices Jairus Ngaah, Moses Ado and Lucy Njuguna said an application seeking to set aside interim orders stopping the proposed lease will be heard on the said date.
Also listed for hearing is a preliminary objection by some of the parties, which cites a lack of jurisdiction by the High Court to handle the matter.
When the case was filed, Justice John Chigiti issued an order prohibiting any person from implementing or acting on the privately initiated Adani proposal over JKIA pending the determination of the matter. But the state has since filed an application seeking to have those orders set aside.
"Parties are at liberty to file their responses and submissions by the applicants. Highlighting on December 17," said the bench.
Chief Justice Martha Koome constituted the bench after Justice John Chigiti who initially handled the matter said it raised weighty constitutional issues that deserve to be determined by more than a single judge.
As for the other matter filed by journalist Tony Gachoka and Mt Kenya Jurists, the hearing is set to proceed on November 27. The case filed before a different division raises some similar issues as the one filed by the Law Society of Kenya that's to be heard by the three-judge bench.
Treasury, Cabinet Transport Davis Chirchir, Attorney General, Public Private Partnership Directorate, and public-private partnership committee have since filed a preliminary objection to the case.
Through MMA Advocates LLP, they say the court has no jurisdiction to hear and determine the matter.
Their argument is based on a clause under the Public Private Partnership Act which grants the 'petition committee' authority to determine disputes arising from decisions by the contracting authority, the public-private partnership committee and the public-private partnerships directorate.
