The High Court in Nairobi on Friday referred the case challenging the proposed leasing of the Jomo Kenyatta International Airport (JKIA) to Adani Group to Chief Justice Martha Koome.
High Court judge John Chigi referred the case to CJ Koome for her to empanel a bench to hear and determine the case. According to Justice Chigiti, the case raised weighty constitutional issues and thus not fit to be heard by a single judge.
Despite referring the case to the Chief Justice, the conservatory orders stopping the implementation of the lease were retained ahead of another hearing scheduled to take place on November 11, 2024.
On September 8, the Law Society of Kenya (LSK) and the Kenya Human Rights Commission (KHRC) moved to court to challenge the government's decision to lease the country's main airport to the Indian conglomerate. In their suit, the lobby groups urged to court to stop the Public-Private Partnership deal until the petition was heard and determined.
A day later, the High Court Judge Chigiti issued a conservatory order stopping the planned lease of JKIA. While issuing the orders, the judge allowed the petitioners to file judicial reviews for the case.
Judicial reviews refer to the authority of the court to examine the actions of the Executive, Legislature and other arms of the government and determine whether their actions are in line with the Constitution.
However, in their plea to the court, the LSK and KHRC also asked the court to come up with a three-judge bench to listen to the matter which they claimed was of national importance. The judge stated that the matter would be determined on October 25 this year.
In March this year, Adani Group Limited submitted a proposal to the government to take over the running and management of the main airport for thirty years.
Three months later, President William Ruto's administration approved the proposal which included the necessary aviation policies, granting the Indian company a head start in the JKIA takeover.
In the proposal, Adani pledged to spend Ksh238 billion to expand and upgrade the JKIA airport for thirty years. However, the deal sparked widespread outrage from Kenyans particularly aviation workers who staged nationwide demonstrations to oppose the leasing.
Following the nationwide protests, LSK and KHRC moved to court to stop the lease, the two commissions argued that the airport was a strategic and profitable asset and thus leasing it would derail the country's progress.
The petitioners further argued that making JKIA a private asset was irrational and violated the principles of good governance, accountability, transparency and prudent use of public money.
