The High Court has issued the way forward on a case seeking to block the deal between Indian firm Adani Holdings and the government of Kenya, over the upgrading of the Jomo Kenyatta International Airport (JKIA).
Justice John Chigiti on Friday, October 25 referred the case to Chief Justice Martha Koome to empanel a bench, which shall deliver a ruling.
Judge Chigiti said that the case raises weighty constitutional issues and thus not fit to be heard by a single judge.
However, the conservatory orders stopping the implementation of JKIA lease to Adani were retained ahead of another hearing scheduled to take place on November 11, 2024.
The ruling comes after drama unfolded on Thursday, October 17, during the hearing of the same case.
Justice Bahati Mwamuye was forced to adjourn a hearing after Kenyans who had reportedly sneaked in interrupted the session.
The online session was interrupted after several Kenyans accessed the login details that had been shared by some Kenyans online before the hearing of the case.
In a video seen by The Kenya Times, people jammed the virtual session shouting ‘Adani Must Go’, forcing the judge to push the hearing.
“The court number to be indicated is on my course list is….,” Justice Mwamuye can be heard saying. This is before a man in the background interrupts and shouts “Adani must go!”
Justice Mwamuye’s efforts to call the session into order hit the rocks, forcing him to halt the proceedings.
In addition, the judge announced that an appropriate time to reconvene would be announced in due course.
“I understand your protests and I am unable to deliver this judgment now,” Justice Mwamuye said before adjourning the court session.
Adani case
The hearing by Justice Mwamuye was being held after the Court allowed journalist Tony Gachoka and Mt Kenya Jurists to amend their petition which challenges the government’s plan to lease JKIA to Adani Group.
Also Read: Mbadi Explains Why Adani Deal is Good for Kenya
Mwamuye had on September 23 issued the directive after the petitioners, through Advocate Kibe Mungai, said that they had new information about the case, adding that it must be factored in.
Also, Wiper Party leader Senior Counsel Kalonzo Musyoka had indicated to the court that his party, the DAP-K, and Jubilee parties 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,” Advocate Kibe said.
Lawyer 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. This led to the judge, however, reserving the question of issuance of interim reliefs to today.
Kenyans disrupt SHIF session
This disruption witnessed during the court session comes weeks after the Ministry of Health (MoH) in September also witnessed a similar incident.
Also Read: Unpacking Formula Govt Will Use to Determine What Unemployed Kenyans Will Pay to SHA
MoH was on September 27 forced to suspend its training ahead of the Social Health Insurance Fund (SHIF) rollout after Kenyans sneaked in and interrupted the session.
The online training session which was exclusively meant for health workers was interrupted after several unauthorized Kenyans accessed the login details.
Curious Kenyans upon receiving information about the ongoing session did not hesitate, joining the meeting in numbers, and triggering concern from the trainers.
Kenyans during the meeting were heard shouting “We reject” with some singing solidarity songs forcing the speaker to halt their speech.
Attempts to stop the authorized access to the training venue proved futile forcing the trainers to opt for an alternative online training session which also experienced a similar problem.
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