High Court halts proposed JKIA-Adani deal pending review

LSK, KHRC to serve the substantive application within three days

In Summary
  • KHRC and LSK moved to court to block the controversial takeover of JKIA by India’s Adani Enterprises.
  • Adani has pledged a Sh238 billion investment to "upgrade and expand" the airport.
JKIA
JKIA

The High Court has issued a stay prohibiting any person from implementing or acting on the privately initiated Adani proposal over JKIA pending the conclusion of the court case.

The Law Society of Kenya (LSK) and Kenya Human Rights Commission (KHRC) moved to court to block the controversial takeover of JKIA by India’s Adani Enterprises.

Adani Enterprises Limited submitted a proposal on March 1, 2024, to take over the running and management of JKIA.

In June, the government approved the relevant aviation policies, giving Adani a head start on the planned expansion of JKIA.

The privatisation deal, which would grant Adani control of the airport for 30 years, ignited widespread public outrage over its secrecy and potential consequences.

Airport workers protested, demanding the plan be scrapped.

Adani has pledged a Sh238 billion investment to "upgrade and expand" the airport.

The court also granted the LSK and KHRC leave to file a judicial review over the decision to lease JKIA.

Judicial review refers to the authority of the courts to examine the actions of the legislative, executive, and various administrative arms of the government and to determine whether such actions are consistent with the Constitution.

KHRC and LSK moved to court to stop the deal, arguing that leasing a strategic and profitable Jomo Kenyatta International Airport to a private entity is irrational.

They argue that the deal violates the principles of good governance, accountability, transparency, and the prudent use of public money.

“The Applicant shall file and serve the substantive application within three days,” Justice J. Chigiti said in his ruling on September 9, 2024.

Chigiti said the Respondents and the interested parties shall thereafter file and serve their respective responses if there are any five days of service.

The matter shall be mentioned on October 8, 2024, with a view to securing a judgment date.

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