Changes Nothing- CS Wandayi Defends Adani Despite Indictment Over Ksh32B Scandal
In October 2024, Wandayi announced the signing of a 30-year deal between KETRACO and Adani Energy Solutions to develop, finance, construct, operate, and maintain key transmission lines and substations across the country.
Viral Tea Ke Writer 
In light of the government of the United States of America (USA) Federal Court delivering a ruling indicting the Adani Group directors over accusations of corruption, Energy Cabinet Secretary Opiyo Wandayi stated that the developments will not affect the Kenya Electricity Transmission Company Limited (KETRACO) deal with Adani Energy Solutions.
Appearing before the Senate Committee on Finance on Thursday, November 21, Wandayi argued that the indictment of Indian billionaire Gautam Adani in the US on a Ksh32 billion ($250 million) bribery case was not connected to the deal.
In October 2024, Wandayi announced the signing of a 30-year deal between KETRACO and Adani Energy Solutions to develop, finance, construct, operate, and maintain key transmission lines and substations across the country.
According to the CS at that time, the Ksh95.68 billion deal would address the persistent power blackouts, as well as ensure power reliability.
Energy CS Opiyo Wandayi during a familiarisation visit to Kenya Power on September 5, 2024. /OPIYO WANDAYI
"The question is, Would these emerging reports in any way affect the delivery of this project? We can't tell. Why? Because they are not related to this project. We can't even vouch for their veracity from where we sit unless we would be engaging in speculation," he argued.
Wandayi further stated that there was no case of bribery before the signing of the deal between KETRACO and Adani Energy Solutions.
"Could these bribery or corruption claims have a bearing on our own process? To my knowledge, there has been no case of corruption or bribery as far as this PIP of Adani Energy Solutions is concerned, up to this very moment," he added.
The CS further noted that the government conducted due diligence on the Adani Group before engaging the conglomerate through a two-phased exercise by the government through the Treasury and the Kenya Electricity Transmission Company on the suitability of the firm with regard to legal issues.
''On the matter of Adani's indictment, under section 41 of the Private Public Partnership(PPP) Act, we have an elaborate mechanism for undertaking due diligence. The PPP Directorate domiciled under the Treasury in coordination with KETRACO conducted a due diligence exercise on Adani Energy Solution in two phases,’’ Wandayi stated.
Wandayi told the committee led by Narok Senator Ledama Ole Kina that the two-phased process involved a review of all documents on the financial and legal aspects of the company.
The CS further detailed that after the Treasury reviewed all the documents, it was satisfied that the Adani Group had met all its tax obligations in their country of origin, India.
''Phase one involved a documentary review of all soft copies of the documents submitted by the Adani Group to demonstrate their technical, legal, financial, and logistical capacity to undertake similar projects,’’ he added. "The proponent also provided legal documents demonstrating their compliance to all legal requirements, compliance to laws and regulations including tax compliance in their country of origin."
Gautam Adani, the group CEO, along with seven other executives in the multibillion-dollar company, were indicted by the Department of Justice (DOJ) in New York for bribing Indian government officials. According to the indictment, the Adani Group has for years bribed officials to lie to US investors and acquire green energy supply contracts for the group’s Adani Green subsidiary.
According to a report by CNN, Deputy Assistant Attorney General Lisa Miller stated that the bribes were to facilitate the officials lying to investors and banks to raise billions of dollars and to obstruct justice.
''This indictment alleges schemes to pay over $250 (approximately Ksh32 billion) million in bribes to Indian government officials. These offences were allegedly committed by senior executives and directors to obtain and finance massive state energy supply contracts through corruption and fraud at the expense of US investors,” she stated.
A collage of Adani Group CEO Gautam Adani and the logo of his company. /INDIA TODAY
