Story by Swaleh
In a recent development, the High Court has blocked the implementation of Adani Airports Holdings’ proposal to lease Jomo Kenyatta International Airport (JKIA). The court’s decision follows a legal challenge by the Kenya Human Rights Commission (KHRC) and the Law Society of Kenya (LSK), who opposed the 30-year lease deal proposed by the Indian firm.
On Monday, September 9, High Court Judge J. Chigiti granted an urgent application for judicial review, blocking any actions or implementation of the Adani proposal until the case is resolved. The court issued conservatory orders preventing all parties from proceeding with the lease agreement.
“The application dated September 9, 2024, is hereby certified as urgent and is scheduled for hearing during the court recess,” Justice Chigiti directed. The court has instructed the petitioners to file and serve their substantive application within three days. The respondents, including Kenya Airports Authority (KAA) and Adani Enterprises, along with other interested parties, are required to file and serve their responses within five days of service. Subsequent submissions from both parties must be filed within three days of service.
The case is set to be mentioned again on October 8, 2024, to determine the next steps and secure a judgment date.
KHRC and LSK argue that the proposed deal, which involves an investment of KSh 238 billion by Adani to upgrade JKIA, could be financed by Kenya itself without ceding control of the airport. The proposal was initially submitted to KAA in March 2024, and relevant aviation policies were approved by the government in June, paving the way for the expansion.
Additionally, concerns have been raised by the Konya Airport Workers Union (KAWU), which has planned a strike in response to the deal. KAWU fears that the lease could lead to job losses and does not believe it offers value for money to taxpayers.
The deal, if approved, would have allowed Adani Group to retain an 18% equity stake in JKIA’s operations, with a concession fee of KSh 6 billion and a 10% increase every five years.
The future of the deal now hinges on the court’s upcoming proceedings.
