Tony Gachoka Accuses Lawyers of Applying to Postpone JKIA Adani Case Without His Consent

An aerial view of the Jomo Kenyatta International Airport (JKIA) in Nairobi County.
An aerial view of the Jomo Kenyatta International Airport (JKIA) in Nairobi County.
Photo
KAA

Tony Gachoka, an activist who recently filed a petition seeking to stop the government from leasing the Jomo Kenyatta International Airport (JKIA) to Adani Group has protested against his lawyers.

In a brief statement shared on his social media accounts on Wednesday, October 23, the activist faulted his lawyers for postponing the case to a later date without his permission. Gachoka alleged that his lawyers reportedly wrote to the High Court judge seeking orders to adjourn the case to allow them to concentrate on former Deputy President Rigathi Gachagua’s suit.

Gachoka disclosed that he was forced to seek intervention from Azimio politicians including Wiper party leader Kalonzo Musyoka and Eugene Wamalwa whom he commended for coming through to represent him in the hearing of the case which was later pushed to another date.

According to the petitioner, the latest development posed a significant threat to the Adani petition.

Kalonzo Musyoka speaking in Meru County on July 7, 2024.
Kalonzo Musyoka speaking in Meru County on July 7, 2024.
Photo
The Wiper Democratic Movement

"Tony Gachoka versus Adani's group takeover of JKIA was in danger yesterday. As millions of Kenyans here at home and in the diaspora were praying for me to win, my lawyers wrote to the court to move the hearing date without my knowledge,” Gachoka noted.

“They did it without securing conservatory orders to protect JKIA and concentrated on Rigathi Gachagua’s case. I called Kalonzo and Eugene Wamalwa to save Kenyans yesterday,” he added. 

The court on Tuesday postponed the hearing of the case to November 11 after the petitioner’s lawyers wrote to the court seeking to adjourn the case to a later date. According to the petitioner’s lawyers, the case couldn't proceed without proper application by the respondents.

Kalonzo who came in on behalf of Gachoka's lawyers urged the court to proceed with its decision to postpone the case but noted that the matter needed urgent resolution by the court since the case was a matter of national interest involving an establishment of national heritage.

It is the second time that the case has been adjourned despite the judges' preparedness to listen to the case. The case was first adjourned on October 17 when a section of Kenyans stormed the virtual courtroom and disrupted the proceedings.

Several Kenyans reportedly sneaked into the online court proceedings after accessing details of the session and began shouting "Adani Must Go! JKIA is not for sale," forcing the judges to halt the session.

Despite Justice Andrew Mwamunye's attempts to call the session into order, his efforts proved futile, forcing him to adjourn the case. 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," the judge said before adjourning the court session for about fifteen minutes. 

India's Adani Group office
India's Adani Group office
Photo
Nikkei Asia