The High Court has issued a stay order preventing any action on the controversial takeover proposal for Jomo Kenyatta International Airport (JKIA) by India’s Adani Enterprises.
This decision comes in light of a court case initiated by the Law Society of Kenya (LSK) and the Kenya Human Rights Commission (KHRC) aimed at blocking the privatization deal, pending further judicial review.
Adani Enterprises submitted its proposal on March 1, 2024, seeking to assume control of the airport’s operations for a duration of 30 years.
The government had earlier approved relevant aviation policies in June, setting the stage for the expansion and management plans presented by Adani, which include a staggering investment of Sh238 billion aimed at upgrading the airport’s facilities.
However, this privatization effort has sparked widespread public dissent, with many criticizing the deal’s lack of transparency and the potential ramifications of leasing such a strategic national asset.
Airport workers have taken to the streets, demanding the cancellation of the proposal, citing concerns that handing control to a private entity would undermine public interest.
The LSK and KHRC argue that the deal contravenes core principles of good governance, accountability, and transparency, while also calling into question the prudent use of public funds.
During the court’s ruling on September 9, 2024, Justice J. Chigiti mandated that the applicants file and serve their substantive application within three days, while the respondents are required to respond within five days thereafter.
The matter is scheduled for a mention on October 8, 2024, where the court aims to set a date for judgment.
