The government has been granted a final opportunity to provide evidence of the cancellation of a controversial energy deal awarded to India’s Adani Group by the Kenya Electricity Transmission Company (KETRACO).
When the matter came up before Justice Bahati Mwamuye on Tuesday, the High Court was informed that the state had not yet submitted documentation confirming the termination of the tender. In response, the respondents, led by the Attorney General’s office, requested additional time to file their responses.
“The respondents, particularly the first respondent, are granted a final opportunity to file and serve their responses to the application and petition. They must do so by 1 August this year,” Justice Mwamuye ruled.
The judge emphasized that failure to meet the deadline would result in the case proceeding to a full hearing without the government’s input. The matter will be mentioned again on October 27, 2025, at which time the court will also issue directions regarding the joinder of parties.
The case stems from a directive issued in November 2024 by President William Ruto, ordering the cancellation of two agreements involving the Adani Group, one concerning Jomo Kenyatta International Airport (JKIA) and the other with KETRACO. The decision followed mounting public scrutiny and legal challenges.
The Law Society of Kenya (LSK) brought the matter to court, challenging the legality of the energy deal. The LSK argued that the tender process lacked adequate public participation and due diligence, in violation of constitutional principles of transparency, accountability, and fiscal prudence.
The High Court had earlier issued a conservatory order suspending implementation of the deal pending further legal review.
As the August deadline approaches, pressure is mounting on the government to substantiate its claims of cancellation and demonstrate compliance with procurement and constitutional standards.
Written By Rodney Mbua
