Two months after President William Ruto announced that Kenya had canceled its deals with the controversial Indian conglomerate Adani, concerns have been raised that there is no evidence that the deals were indeed withdrawn.
Speaking during the State of the Nation address on November 21, 2024, in Parliament, President Ruto announced that after much consideration and listening to Kenyans, he had decided to cancel both the KETRACO and JKIA deals over Adani's corruption allegations by the US.
"I have stated in the past, and I reiterate today, that in the face of undisputed evidence or credible information on corruption, I will not hesitate to take decisive action," Ruto stated at the time.
While giving their submissions on the Kenya Electricity Transmission Company Limited (KETRACO)-Adani case filed by Kalonzo Musyoka and other leaders challenging the deal, lawyer Ndegwa Njiru raised the alarm that there has been no further evidence that the deals were canceled since Ruto's pronouncements.
"As we stand before your lordship, there is no evidence other than mere presidential pronouncements made in Parliament that the deal was canceled. There is no affidavit before your lordship indicating to that effect abreasting the court on the status of that contract," Lawyer Ndegwa Njiru pointed out.
Ndegwa revealed that his team does not have faith in the deal because it was made in secrecy from its onset and they read malice even in the alleged withdrawal.
"We take judicial notice that this is a matter that was done in pure concealment and we do not read any good faith on the part of the respondents," the lawyer continued.
Also in the hearing was lawyers Kalonzo Musyoka and Eugene Wamalwa who had filed a petition at the High Court to challenge the deal.
The lawyers requested that the petition would not disappear and waste away in the cancellation despite the deal's cancellation. In November 2024, Advocate Ezra Makori representing Adani Group wished to be exempted from the case as the projects have since been cancelled.
High Court Justice Bahati Mwamuye had in November ordered the responded to provide evidence that indeed the deals were cancelled, Njiru has alleged that the evidence has not been provided.
The Milimani Court gave the respondents 30 days to respond when the case will be heard again.
The Adani JKIA & KETRACO deals elicited controversy in Kenya with Kenyans strongly opposing the involvement of the company which was to take over the airport and electricity transmission operations for 30 years.
