A case challenging the controversial deal between the Kenyan government and Indian firm Adani Group failed to proceed in court a few days ago after the trial judge was reported to be indisposed. The parties involved in the case were informed that the judge hearing the matter was unavailable, and as a result, the hearing could not take place.
Despite the adjournment, the orders issued by the court last month halting the execution of the deal remain in effect until the case is heard and determined. The hearing has been rescheduled for November 27, while a separate case filed by the Law Society of Kenya (LSK) will be heard in December.
After the adjournment, Wiper Party Leader Kalonzo Musyoka and DAP Party Leader Eugene Wamalwa, who are both lawyers in the case representing aviation workers, addressed the media, calling on the government to cancel the deal with Adani Group. Both leaders, who are vocal critics of the agreement, argued that Kenya is fully capable of expanding and modernizing Jomo Kenyatta International Airport (JKIA) without external control.
Kalonzo described the deal as “state capture” and accused Adani of operating in secrecy. He emphasized their commitment to ensuring transparency in government dealings, stating, “We are determined to fight for this generation and for future generations, so there will be transparency.” Wamalwa echoed these concerns, warning that giving Adani control of JKIA could paralyze the country’s aviation sector, stating, “If Adani will control JKIA, they will paralyze our country.”
In the ongoing case, the petitioner is seeking to have the Adani deal declared unconstitutional, claiming that the process was rushed and bypassed necessary procedures, including public participation and due diligence. A preliminary objection has been filed questioning the jurisdiction of the court to hear and determine the matter.
The deal in question involves the Kenya Electricity Transmission Company (KETRACO) and Adani Energy Solutions, a subsidiary of the Adani Group. Signed on October 11, the agreement, valued at Sh95.6 billion (USD 736 million), would see Adani develop, finance, construct, and operate critical transmission lines and substations across Kenya.
This legal action comes just days after the Law Society of Kenya (LSK) moved to court seeking conservatory orders to stop the deal. In its petition, LSK described the agreement as “a constitutional sham tainted with secrecy and lacking the principles of integrity.” The LSK further argued that the government failed to conduct proper public participation and bypassed required processes under the Public-Private Partnerships Act.
