JKIA-Adani: Petition on lease to be amended after petitioners say they've new information

"We will be introducing some new issues within at least seven days," lawyer Kibe said

In Summary
  • Justice Bahati Mwamuye issued the directive after the petitioners, through Advocate Kibe Mungai, said that they have new information about the case and it must be factored in.
  • In the case before Mwamuye, the petitioners argue that the whole process regarding the JKIA-Adani deal is tainted with illegalities.
Milimani law courts.
LIFE SENTENCE: Milimani law courts.
Image: FILE

The High Court has allowed journalist Tony Gachoka and Mt Kenya Jurists to amend their petition, which challenges the government's plan to lease JKIA to Adani Group. 

Justice Bahati Mwamuye issued the directive after the petitioners, through Advocate Kibe Mungai, said that they have new information about the case and it must be factored in.

Senior Counsel Kalonzo Musyoka also indicated to the court that the Wiper party, DAP-K, and Jubilee party wish to participate in the case as petitioners.

"It's only fair to have this petition amended as we will be introducing some new issues. We can do that within at least seven days," Kibe said.

Ndegwa Njiru, on the other hand, pressed the court to grant them the orders they had sought, saying the other matter proceeding before Justice John Chigiti is on the premise that there is non-compliance on procurement and how the Adani deal was processed.

They said their matter is different as it's based on the constitutionality of the process.

The judge, however, reserved the question of issuance of interim reliefs to October 17.

This is to wait and see how the other case filed before the Judicial Review Division will end, as the matter has been listed for mention on October 8, when parties are to take a judgement date.

In the case before Mwamuye, Gachoka and Mt Kenya Jurists argue that the whole process regarding the JKIA-Adani deal is tainted with illegalities.

Through advocate Ndegwa Njiru, the duo argue that the takeover or the proposed alienation was never subjected to mandatory public participation yet it involves a strategic national asset.

In the suit filed by the Law Society of Kenya (LSK) and Kenya Human Rights Commission (KHRC), Judge Chigiti issued an order prohibiting any person from implementing or acting on the privately initiated Adani proposal over JKIA pending the conclusion of the court case.

The duo argued that leasing a strategic and profitable Jomo Kenyatta International Airport to a private entity is irrational.

The deal they said violates the principles of good governance, accountability, transparency, and the prudent use of public money.

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