The Kenya Airports Authority (KAA) allegedly awarded a Ksh243 million legal service tender to a law firm to represent the agency in the ongoing court cases challenging the proposed rehabilitation of the Jomo Kenyatta International Airport (JKIA) by the Adani Airport Holding Limited.
This was revealed in a letter posted by whistleblower and activist Nelson Amenya, who lifted the lid on the Ksh246 billion Adani-JKIA deal in 2024.
The letter from the KAA Managing Director, Mohamud Gedi, addressed to the State Department for Aviation and Aerospace Development Principal Secretary Teresia Mbaika, revealed that the tender attracted a single bid from a city law firm amounting to Ksh243,185,700, which was against KAA’s initial budget provision of Ksh12.5 million.
"In compliance with court directives for timely responses to interim applications, the authority engaged a law firm to represent it in the aforementioned matters," the letter read.
"The tender, opened on January 23, 2025, received a single bid from Triple OK Law Advocates LLP amounting to Ksh243,185,700 against the budget provision of Ksh12,500,000," it added.
Initially, before awarding the tender to the firm, the tender evaluation committee had considered re-tendering due to budget constraints; however, the firm's institutional knowledge and the complexity of the ongoing court case prompted the agency to proceed with the deal.
Gedi further claims that after engagements on May 2, 2025, the tendering committee managed to secure a 10 per cent price reduction on the tender.
"The procurement of legal services was processed through direct procurement under Section 103(2)(b) of the Public Procurement and Asset Disposal Act, 2015, given the firm's prior engagement and knowledge of the cases," the letter read.
Gedi has urged the PS to push for the review and adjustment of the current budget to ensure that it covers the expanded scope of the case.
"The Authority respectfully seeks guidance on the review and adjustment of current budgetary estimates to ensure that they adequately reflect the expanded scope of work, the protracted timelines of the litigation, and the specialised expertise required," the letter read.
Kenya received a proposal from the Adani Group in March 2024 to take over the running and management of JKIA for the next 30 years. In return, the Indian firm would pay for the expansion of the ageing airport.
Three months later, the government approved the relevant aviation policies, granting the Indian company permission for the planned upgrading of the main airport.
After Amenya's exposé, the deal sparked widespread outrage among Kenyans, particularly the youths and aviation workers. After months of controversy over the agreement, President Ruto, on November 21, during a State of the Nation address, announced the cancellation of the deals.
Multiple petitioners, including prominent civil society groups and legal figures, challenged the JKIA-Adani deal in court to ensure that the cancellation is properly and legally initiated.
