Main entrance to Jomo Kenyatta International Airport in Nairobi /Photo courtesy/
On Monday, the High Court adjourned the hearing of a case contesting the proposed lease of Jomo Kenyatta International Airport (JKIA) to the Adani Group, rescheduling it for November 11, 2024.
Justice Bahati Mwamuye postponed the proceedings after Attorney General Dorcas Odour, along with Cabinet Secretaries John Mbadi (Treasury) and Davis Chirchir (Transport), the Senate, National Assembly, and representatives from the Adani Group, stated they had not received the amended petition filed the previous Monday.
The adjournment was requested by the Wiper Democratic Movement, led by Kalonzo Musyoka, who noted that their lead counsel, Kibe Muigai, was tied up with ongoing cases related to the impeachment of Deputy President Rigathi Gachagua.
The court heard that Kibe was also representing petitioners who obtained an order from the Kerugoya High Court to halt Prof. Kithure Kindiki’s swearing-in as the next Deputy President following Gachagua’s impeachment.
Kalonzo underscored the importance of the case, asserting that Kibe was prepared to argue for conservatory orders due to the matter’s implications for national heritage.
However, the Attorney General and Cabinet Secretaries, represented by lawyers Michael Odour, Ochieng Oduor, and Kimani Kiragu, opposed the request for adjournment.
They argued that the absence of Kibe did not justify a delay and that directions could still be issued, given the public interest involved.
Ochieng emphasized that two petitioners would not face prejudice if directions were given without Kibe and another lawyer present.
“There is no prejudice that two petitioners will suffer if directions are given in the absence of lawyers Kibe Muigai and Ndegwa Njiru. This matter is of public interest, and consistent with Article 149 of the Constitution, it is only fair that directions are granted today,” Ochieng stated.
Michael Odour, representing the Attorney General, stated that they were unprepared to proceed since they had not received the necessary pleadings. Meanwhile, Kiragu, representing the Adani Group, requested that the court continue with the case, noting he had another engagement in Narok Law Courts scheduled for October 23, 2024.
Judge Mwamuye rejected the adjournment request, asserting that the petitioners would not suffer any harm if the court proceeded with issuing directions. He ordered the petitioners—activist Tony Gachoka, Mt. Kenya Jurists, the Wiper Democratic Movement, the Democratic Action Party of Kenya, and the Jubilee Party—to serve the respondents with their amended petition by the end of the business day on October 23, 2024.
Additionally, the Judge instructed the Attorney General, Cabinet Secretaries, the Senate, the National Assembly, and the Adani Group to file their responses within seven days. Recognizing the case’s public significance, he set a priority mention date for November 11, 2024, to confirm compliance and manage the case effectively.
The petitioners contend that the process surrounding the JKIA-Adani deal is fraught with illegality, particularly due to the lack of mandatory public participation, given the strategic importance of the asset.
In a related case, the Law Society of Kenya (LSK) and the Kenya Human Rights Commission (KHRC) obtained an order from Judge Chigiti to prevent any implementation of the Adani proposal until the court case concludes, citing concerns over governance, accountability, and the use of public funds.
