The High Court has ordered the state to produce evidence to substantiate claims that the Adani-JKIA deal has been cancelled.
Justice Bahati Mwamuye issued the directive after Advocate Ezra Makori representing Adani Group said they wish to be excused from the proceedings as the projects have since been cancelled.
But in a brief rejoinder, Tony Gachoka and Mt Kenya Jurists the petitioners in the case said there is no evidence that President Ruto's directive on cancellation of the contract has taken place.
Through Advocates Senior Counsel Kalonzo Musyoka, Kibe Mungai, Dan Maanzo and Eugene Wamalwa, the petitioners said there must be accountability on those who initiated the challenged project before the matter is wished away.
"Public interest litigation such as this has to proceed where controversy has arisen in relation to leasing assets belongs to Kenyans," they said.
Kibe emphasized that the matter should proceed to its logical conclusion as they were also challenging the constitutionality of the various provisions in the PPP Act which the Adani-JKIA deal was founded on.
"We are talking about high-level corruption. We need to know what was actually cancelled," said Kalonzo.
Mwamuye while asking the state to produce evidence that the deal had so far been cancelled also issued an order blocking Adani and any other entity from taking over JKIA pending the determination of the matter before the court.