Kenya’s High Court has temporarily halted plans to lease the Jomo Kenyatta International Airport (JKIA) to Indian conglomerate, Adani Enterprises.
In an urgent lawsuit certified by the High Court, the Kenya Human Rights Commission (KHRC) and the Law Society of Kenya (LSK) contested the Indian company’s effort to take control of JKIA for a 30-year term.
The two organisations contended that JKIA is a strategic and profitable national asset. As a result, the transaction is irrational and contradicts the values of good governance, accountability, openness, and cautious and responsible use of public funds.
Under the terms of the contract, the Indian company would upgrade the airport, including the construction of a second runway and a new passenger terminal, during a 30-year build-operate-transfer period.
However, KHRC and LSK contended that Kenya can raise the projected $1.85 billion (Ksh238 billion) needed to expand JKIA without leasing the airport for the specified period.
“Thus, the Adani proposal is unaffordable, threatens job losses, exposes the public, is disproportionate to fiscal risk, and offers no value for money to the taxpayer,” lawyer Dudley Ochiel said in the application.
High Court Judge John Chigiti certified the matter as urgent and issued an interim order suspending the deal awaiting the outcome of the litigation.
The judge ordered that the case be heard on October 8 to determine a judgment date.
Mr. Ochiel argued that if KAA and Adani sign the deal and Adani acquires JKIA, the application will be deemed invalid and moot.
The two organisations stated that they had unsuccessfully written to JKIA seeking information under Articles 35(1) and (3) of the Kenyan Constitution and Section 4 of the Access to Information Act.
LSK proposes selling Kenya’s lucrative and functioning JKIA to Adani for $1.85 billion over 30 years.
“Thus, the proposal would deprive the public of, and transfer to Adani, all the current revenues, receipts, expenditures and other financial transactions over JKIA. Although the project is dubbed a Built Operate Transfer, KAA would be handing over an existing and operational airport to Adani,” Mr Ochiel said.