The High Court has issued a stay order prohibiting the government from implementing or acting on the privately initiated lease for the development of additional facilities at the country’s main international airport, the Jomo Kenyatta International Airport (JKIA).
Justice John Chigiti granted the stay yesterday following a judiciary review application by the Law Society of Kenya (LSK) and Kenya Human Rights Commission (KHRC).
The High Court granted LSK and KHRC permission to file a judicial review challenge to the Kenya Airports Authority’s (KAA) decision to lease JKIA to the Adani Group for 30 years.
Justice Chigiti issued a conservatory order halting all further action on the proposed lease until the case is fully resolved.
This stay order comes as a relief to many concerned parties, including the Kenya Aviation Workers Union, which has strongly opposed the Adani proposal.
The two petitioners contested a proposal by India-based Adani Enterprise to build and operate the Jomo Kenyatta International Airport as part of government’s expansion plan.
They asked the court to prohibit the Kenya Airports Authority (KAA) from acting on the proposal that could see Adani take over operations at JKIA.
The Indian firm would upgrade the airport, including the construction of a second runway and a new passenger terminal under a 30-year-build-operate-transfer (BOT) contract.
Under judicial review, courts intervene to examine the actions of the legislative, executive, and various administrative arms of the government and determine their consistency with the Constitution.
While granting the stay, Justice Chigiti asked respondents and interested parties to file and serve their respective responses within five days of service. Applicants will then have three days to file submissions.
He slotted the matter for mention on October 8 when the court will determine a judgement date.
LSK and KHRC had argued that it is unreasonable to lease a profitable and strategically important airport to a private company.
They also said the proposed deal goes against the fundamental values of responsible public spending, transparency, accountability, and good governance.
In June, the government approved the relevant aviation policies, giving Adani a head start on the planned expansion of JKIA.
The move ignited widespread public outrage over its secrecy and potential consequences.
KAA staff staged protests over the plan on September 2, 2024.
Under the Kenya Aviation Workers’ Union (KAWU), the employees demanded the scrapping of the proposed deal which they said would negatively impact on their welfare.
Employees also protested failure by KAA to consult them noting their place as key stakeholders.
The case, registered as HCJR/E199/2024, has been certified as urgent, with the court admitting the application for hearing even during recess.
The LSK and KHRC argue in their submissions that the decision to lease Kenya’s busiest airport to a foreign private entity was made without adequate consultation or transparency, a claim that KAA and other respondents must address in their responses, which are due within the next few days.
The substantive hearing will decide whether the lease agreement, which has raised concerns about national sovereignty and job security, can be continued or terminated entirely.
The case is scheduled for further mention on October 8, 2024.