Activist Tony Gachoka and a coalition of lawyers known as Mount Kenya Jurists have filed a lawsuit against the Kenyan government’s proposed leasing of Jomo Kenyatta International Airport (JKIA) to India’s Adani Enterprises.
This marks the third court petition challenging the controversial 30-year leasing arrangement.
The petitioners are contesting the deal on the grounds of lack of transparency and the absence of public participation in the decision-making process.
They argue that the Public Private Partnership Act does not permit the government to transfer existing public projects to a private entity, especially when there has been significant public investment involved.
Gachoka emphasized the importance of JKIA in an affidavit, stating, “The airport is a national heritage and the pride of the people of Kenya… it is a significant symbol of our sovereignty.”
He argues that the lease undermines the essence of the nation’s identity, as established under Article 1 of the Kenyan Constitution.
The Indian firm aims to enhance the airport’s operations, including the construction of a new runway and passenger terminal, through a 30-year-build-operate-transfer (BOT) agreement.
However, the petitioners argue that the government failed to advertise the project adequately and did not seek public input through an Expression of Interest (EOI).
The High Court has previously responded by issuing an injunction halting the implementation of the deal, following petitions from the Kenya Human Rights Commission and the Law Society of Kenya.
The case is set for a mention on October 8, with Justice John Chigiti overseeing the proceedings.
As public uproar grows concerning this contentious leasing agreement, its future remains uncertain amid mounting legal challenges.
