The High Court on Wednesday issued orders barring the government from entering concession agreements with Adani Group over Jomo Kenyatta International Airport (JKIA) until a pending case is determined.
The petition was filed by Tony Gachoka, Mt. Kenya Jurists, Wiper Party, Democratic Action Party (Kenya) and Jubilee Party who sought court orders to halt the JKIA takeover by Adani.
Justice Bahati Mwamuye in his ruling, prohibited Adani from taking over management and assets at Jomo Kenyatta International Airport (JKIA).
Further, the Court ordered government to table evidence to substantiate the cancellation of the contentious deal with Adani, which President William Ruto announced during the State of the Nation address on Thursday, November 21.
Through its legal team, Adani Group filed a request before the court to be removed from the case. Lawyer Ezra Makori representing the Indian Conglomerate argued that the company had not yet concluded an agreement with Kenya’s government, and as such, there was nothing to cancel.
According to Adani's legal representatives, the agreements with the government were still in the preliminary stages, and no binding contract had been signed.
The government’s lawyer, Dennis Mosota, informed the court that no formal notice or documentation regarding the cancellation of the Adani deal had been received.
He further stated that no contract had been signed between the parties, and therefore, there was no contractual obligation to cancel. The next hearing was scheduled for January 2025.
The Court’s ruling comes barely a week after President Ruto gave orders directing the cancellation of the Adani-JKIA deal with immediate effect.
While issuing the orders during his State of the Nation address in Parliament, the Head of State informed lawmakers that his directive was influenced by the provision of undisputed evidence or credible information on corruption.
Earlier, the High Court had issued conservatory orders halting the implementation of the agreement until the matter was concluded.
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 arguing the action amounts to state capture.
In their suit, the lobby groups urged to court to stop the Public-Private Partnership deal until the petition was heard and determined.
