Kalonzo & Uhuru Join Forces In Taking Adani To Court Over JKIA Takeover Deal
The deal includes the construction of power transmission lines as well as the expansion of Jomo Kenyatta International Airport (JKIA), Kenya's busiest airport.
Viral Tea Ke Writer 
Wiper Party Leader, Kalonzo Musyoka on Monday, September 23 honoured his promise of filing a lawsuit to stop the Kenyan government from awarding a Ksh167.6 billion ($1.3 billion) concession to India's Adani Group.
The deal includes the construction of power transmission lines as well as the expansion of Jomo Kenyatta International Airport (JKIA), Kenya's busiest airport.
On his X account, Kalonzo revealed that he had gone to the High Court to contest the proposed deal which would see the Indian conglomerate take over JKIA for close to 30 years.
The petition, he added, was amended to include the Jubilee Party led by former President Uhuru Kenyatta and other political parties, which are known for being affiliates of the Azimio la Umoja coalition.
Kalonzo Musyoka speaking during a press briefing on July 19, 2024. /KALONZO MUSYOKA
"As stated in Kajiado yesterday, I attended the High Court this morning in the Matter of the illegal alienation of Jomo Kenyatta International Airport which is a strategic government asset against the Adani Group. The amended Petition now includes The Wiper Democratic Movement Party, KANU, DAP Kenya and the Jubilee Party," he wrote, sharing court documents to support his statement.
As detailed by Kalonzo, the matter is set to be heard at the Milimani Law Courts on October 17, 2024.
Speaking at a church service in Kajiado on Sunday, September 23, Kalonzo expressed concern about the deal's secrecy, saying it appears to benefit only a few government officials at the expense of Kenyan taxpayers.
"The government's decision not to make the Adani deal documents public is deeply concerning and reflects dishonesty," Kalonzo said, adding that the opacity of the agreements has made many Kenyans, including himself, nervous about the deal's implications.
Kalonzo also claimed that the Adani concession could result in significant financial losses for the country, claiming that Kenyans stand to lose billions of shillings while only a few individuals profit.
The JKIA-Adani takeover deal has faced public scrutiny in recent weeks over the contents of the deal, some of which have caused anxiety among JKIA workers with fears that the conglomerate could implement a restructuring of its workforce.
Adani has committed to a Ksh238 billion investment to upgrade and expand the airport. Several stakeholders including the Kenya Human Rights Commission (KHRC) and Law Society of Kenya (LSK) however moved to court to stop the deal citing that leasing a strategic and profitable JKIA to a private entity with questionable past reputation is irrational.
A High Court order issued on September 9, 2024, blocked the Kenya Airports Authority (KAA) from moving ahead with its decision to lease JKIA to Adani, pending a judicial review filed by the Law Society of Kenya (LSK) and the Kenya Human Rights Commission (KHRC).
KHRC and LSK sought details from JKIA in July and August 2024. The immediate stay order prevents any action on the Adani lease proposal until the judicial review is concluded, meaning even the government cannot conduct its thorough due diligence investigation into the Privately Initiated Proposal (PIP) submitted by Adani Airports Holdings Limited on the proposal and expansion of JKIA.
The case registered as HCJR/E199/2024, was certified as urgent, with the court admitting the application for hearing even during recess.
The LSK and KHRC argued 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.
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.
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