Two separate cases challenging the proposed controversial lease of the Jomo Kenyatta International Airport (JKIA) to a subsidiary of India’s Adani Group, Adani Airport Holdings Limited (AAAHL) failed to kickoff today morning before Nairobi’s High Court as scheduled and instead postponed to November 17 and November 27, 2024 due to unavailability of the presiding judge.
This is after the parties in the two cases were told that the judge hearing the matter was away.
The case is set to be heard by a three-judge bench on December 17, 2024.
The matter was pushed to November 27 while that filed by the Law Society of Kenya (LSK) has also been pushed to November 17, 2024.
The panel, consisting of Justices Jairus Ngaah, Moses Ado, and Lucy Njuguna, will review an application from the Kenyan government that seeks to overturn an earlier court order blocking the lease deal.
However, the orders that were issued stopping the execution remain enforced until the matter is heard and determined.
Petitioners moved to court to stop a Public-Private Partnership between the government and Adani, that would see the Indian conglomerate develop and manage the Jomo Kenyatta International Airport (JKIA) under a 30-year lease.
While addressing the media after the adjournment of the case, Wiper Party Leader Kalonzo Musyoka and his DAP-K counterpart Eugene Wamalwa, who are representing Aviation workers in the matter urged the government to drop the deal saying that Kenya is capable of expanding JKIA.
High Court Judge Justice John Chigiti had earlier issued temporary order halting the implementation of the lease following a privately initiated proposal involving the Adani Group.
This injunction aimed to prevent any action on the proposed lease until the matter is resolved in court. In response, the state filed an application to have this order set aside.
The bench has also scheduled a hearing for a preliminary objection raised by several parties, who argue that the High Court lacks jurisdiction to adjudicate the matter.
The Treasury, Attorney General, Cabinet Secretary for Transport Davis Chirchir, the Public Private Partnership (PPP) Directorate, and the PPP Committee contend that disputes over decisions made by the contracting authority or PPP entities should be handled by a petition committee, as stipulated in the Public Private Partnership Act.
“Parties are at liberty to file their responses and submissions by the applicants ahead of the hearing on December 17,” the bench said on Monday.
Chief Justice Martha Koome appointed the three-judge panel after Justice Chigiti, who initially presided over the case, deemed the issues involved to be of significant constitutional importance, warranting a multi-judge review.
In addition to this case, a separate but related matter, brought forward by journalist Tony Gachoka and the Mt. Kenya Jurists, will proceed on November 27, 2024, in a different division.
Meanwhile, a preliminary objection has been filed in the case challenging the jurisdiction of the court to hear and determine the matter.
In the case, the petitioner wants the deal declared unconstitutional on grounds that the process was rushed and the usual procedures bypassed.
