The Kenyan High Court has directed the government to provide evidence confirming the cancellation of the controversial Adani-Jomo Kenyatta International Airport (JKIA) deal.
Justice Bahati Mwamuye issued the order after Advocate Ezra Makori, representing the Adani Group, announced the group’s intention to withdraw from the case, citing the termination of the project.
However, petitioners led by Tony Gachoka and the Mt Kenya Jurists challenged this assertion, claiming no proof had been submitted to back President William Ruto’s announcement that the deal had been cancelled.
Represented by a legal team that includes Senior Counsel Kalonzo Musyoka, Kibe Mungai, Dan Maanzo, and Eugene Wamalwa, the petitioners stressed the need for transparency in handling the controversial project.
“Public interest litigation such as this must proceed, especially where controversy surrounds the leasing of assets belonging to Kenyans,” they argued in court.
Kibe Mungai highlighted the constitutional questions at stake, particularly regarding the legality of the Public-Private Partnership (PPP) Act, which underpinned the agreement.
Wiper Party leader Kalonzo Musyoka added, “We are talking about high-level corruption. We need to know what was cancelled.”
Justice Mwamuye not only demanded evidence of the deal’s termination but also issued a temporary order preventing Adani Group or any other entity from taking over JKIA until the matter is resolved in court.
Adani’s legal team stated that discussions with the government had not advanced to the stage of a binding agreement, a position echoed by government lawyer Dennis Mosota, who confirmed that no formal contracts existed.
Despite these claims, the petitioners argued that unresolved legal issues surrounding the deal should be addressed before any rulings are made.
The dispute comes after President Ruto announced the cancellation of several infrastructure and energy agreements involving Indian billionaire Gautam Adani, following criminal charges against him in the United States.
Ruto, in his State of the Nation address, declared the Public-Private Partnership for JKIA expansion and projects involving the Kenya Electricity Transmission Company Limited (KETRACO) void, citing recent developments.
Adani and his nephew, Sagar Adani, were indicted by the US Department of Justice on allegations of orchestrating a $250 million bribery scheme to secure solar energy contracts in India.
