Justice John Chigiti has referred the petition challenging the proposed lease of Jomo Kenyatta International Airport (JKIA) to the Adani Group to Chief Justice Martha Koome for empanelment.
The case, brought forward by the Kenya Human Rights Commission (KHRC) and the Law Society of Kenya (LSK), raises significant constitutional and public interest issues.
Justice Chigiti emphasized that these matters require the consideration of more than one Judge.
LSK and KHRC argued that leasing JKIA to a private entity is irrational, citing violations of good governance, accountability, transparency, and prudent use of public money.
The Adani Group is set to lease Jomo Kenyatta International Airport (JKIA) as part of a Public-Private Partnership (PPP) deal with the Kenya Electricity Transmission Company (KETRACO).
The deal involves a $1.85 billion investment to upgrade and expand JKIA, with Adani Group operating the airport for 30 years before transferring it back to KETRACO.
According to President William Ruto, the goal is to modernize Kenya’s airport infrastructure without burdening taxpayers.
“The Adani group are investing in the transmission line, their money, 95 billion, we would have otherwise gone to borrow that money burden the people of Kenya” – President Ruto said
Ruto believes that PPPs offer a win-win solution for large infrastructure projects, allowing for the development of essential services without straining public finances.
“It is important for us as a nation to appreciate that a partnership between public and the private sector gives us a win win outcome where we can deliver public services and public goods using the efficiency of the private sector investment of the private sector as a way of supporting overall development in our country.” He added
However, the deal has faced significant opposition and legal challenges, with concerns about transparency, public consultation, and national sovereignty. The Kenya Human Rights Commission (KHRC) and the Law Society of Kenya (LSK) have filed petitions challenging the lease agreement.
