JKIA: Petition to Stop Ambani Deal Filed in Court

Mudavadi in a statement published on the Tuesday dailies had confirmed that the government is reviewing the proposal which was submitted by the Indian firm.

The proposal by Adani Airport Holdings Limited which seeks to upgrade the Jomo Kenyatta International Airport (JKIA) now faces a fresh hurdle following a petition by a Kenyan who has moved to court seeking to stop the deal.

Isack Lango Guyo in a petition filed at the Milimani Law Courts wants the court to nullify all proceedings and agreement related to the project by Adani.

The petitioner pointed out that the project at the JKIA is marred by severe breaches of the constitution while also highlighting that there was no public participation in the project.

According to him, the lack of transparency, accountability and exclusion of the public from the transaction is a serious violation of the constitution.

“That this court declares the entire transaction including the privately initiated proposed by Adani Project Holdings and all the attendant processes related thereto as unconstitutional, null and void,” reads court papers.

JKIA: Petition to Stop Ambani Deal Filed in Court — Milimani Law Courts. PHOTO/Courtesy

On the other hand, the petitioner wants the government to be stopped from pursuing future Public-private Partnerships (PPP) relating to JKIA or any other strategic national asset.

Guyo is seeking to have the court order that the government be stopped from pursuing such deals “without full compliance with constitutional principles of transparency, accountability and public participation”.

JKIA Deal Involving Indian Firm

The petition comes after Prime Cabinet Secretary (PCS) Musalia Mudavadi said that the government has not agreed on terms with Adani Airport Holdings amid speculations of intentions to sell JKIA to the private investor.

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Mudavadi in a statement published on the Tuesday dailies confirmed that the government is reviewing the proposal which was submitted by the Indian firm under the PPP in March 2024.

This statement came amid ongoing efforts to leverage Public-Private Partnerships (PPPs) to finance the much-needed upgrades without burdening the national budget.

The PCS outlined the government’s plan to modernize and expand JKIA.

Musalia highlighted that the Government is committed to the modernization of Kenya’s largest airport, emphasizing that the strategic national asset is not for sale.

Also Read: Mudavadi Under Fire Over JKIA Remarks After KAA Clarification

Some of the renovations set to be done in JKIA include building a new passenger terminal, refurbishing the existing terminals, constructing a second runway and enhancing cargo handling facilities.

Mudavadi further emphasized that JKIA is not for sale and that job security and compliance with Kenyan labor laws will be upheld.

The public was assured that the project would adhere to the Constitution and the legal frameworks established under the PPP Act.

This includes rigorous due diligence, ensuring the proponent’s financial and technical capacity, and safeguarding national interests.

“We assure the public that JKIA remains a strategic national asset and is not up for sale,” he stated.

President Ruto Breaks Silence

Also, President William Ruto commented on the saga while brushing off reports that the government intends to sell the airport (JKIA) to a private investor.

The Head of State during a Town Hall engagement in Mombasa said that Kenya is only working on a Public-private Partnership (PPP) to upgrade the facility which will in turn give the airport a new look.

“The airport we have in Nairobi is made of canvas in the arrivals. This is a temporary structure we put up almost 7 years ago. Ethiopia, Rwanda have a brand-new airport. It is the reason why we need to work with investors to give us a new airport,” Ruto said.

Ruto argued that a PPP program will be the right approach to improving the airport, as it allows foreign and local investment into the project.

“Am I a mad man? How do you sell a strategic national asset? You have to be insane. We must have the right investment for the airport. What we want to do is to work under the PPP program,” he said.

The new developments follow public outrage over plans to have Adani Airports Holding Limited, inject a Ksh242 billion investment to expand JKIA.

The Kenya Airports Authority (KAA) last week confirmed receiving Adani’s proposal to upgrade Kenya’s main airport over the next 30 years, under the Cabinet-ratified JKIA Medium Term Investment Plan.

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