A three-judge bench is today expected to issue directions in a case challenging the proposed leasing of JKIA to the Adani Group.
The bench consists of Justices Jairus Ngaah, Moses Ado and Lucy Nguguna.
On October 24, Justice John Chigiti referred the case to Chief Justice Martha Koome to appoint the bench to hear and determine the matter saying the weighty constitutional issues raised require the mind of more than one judge.
The CJ subsequently made the appointment with the matter slated for a mention today.
The case was filed by the Law Society of Kenya and the Kenya Human Rights Commission.
An order was also issued prohibiting any person from implementing or acting on the privately initiated Adani proposal over JKIA pending the conclusion of the court case.
This is after the petitioners argued that leasing a strategic and profitable Airport such as JKIA to a private entity is irrational.
They based their argument on claims of principles of good governance, accountability, transparency and prudent use of public money being violated.
There exists another similar petition that was filed by Journalist Tony Gachoka and the Mt Kenya Jurists.
It's before a different Judge before the constitutional and human rights division.
The duo argue that the whole process regarding the JKIA-Adani deal is tainted with illegalities.
Through advocate Ndegwa Njiru, they claim that the takeover or the proposed alienation was never subjected to mandatory public participation yet it involves a strategic national asset.
Those sued in the case are Adani Group, Managing Director, Henry Ogoye Kenya Ports Authority, CS Treasury John Mbadi, CS Transport Davis Chirchir and the Attorney General.
Kenya Civil Aviation Authority, Kenya Aviation Workers Union and Kenya Airline Pilots Association have been listed as interested parties in the case.
