The Lower Eastern Times Opening The Third Eye
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The High Court has prevented the government from finalizing a Sh95.68 billion agreement with Adani Energy Solutions Limited, a subsidiary of the Indian Adani Group, for the construction of electricity transmission lines.
The Law Society of Kenya (LSK) secured the order, claiming the government entered into a private project agreement with Adani Energy Solutions to build and manage significant transmission lines and substations over a 30-year lease at a total cost of Sh96.68 billion. The LSK argued that the project was shrouded in secrecy, lacking meaningful public engagement, and that the government withheld essential information.
Justice Bahati Mwamuye issued a conservatory order to suspend any implementation of the project agreement between the involved parties until the inter-partes hearing set for November 11. The judge remarked that the LSK described the agreement as a “constitutional sham,” lacking integrity, transparency, and accountability.
After reviewing the initial submissions, the judge concluded that the petitioner met the necessary legal requirements for granting these interim conservatory orders.
The LSK has named several respondents, including Kenya Electricity Transmission Company (Ketraco), Adani Energy Solutions Ltd, and various government officials, in the case. They argued that the transmission lines and substations are vital national assets that should not be leased to foreign entities without transparency and accountability.
The LSK emphasized the importance of determining the constitutionality of the privately initiated proposal due to its potential impact on electricity infrastructure control and energy costs.
Court documents revealed that the agreement with Adani includes plans for a 206-kilometer Thika-Malaa-Konza line, a 95-kilometer Rongai-Keringet-Chemosit link, and a 98-kilometer Menengai-Ol-Kalou-Rumuruti line.
Earlier this month, Mr. Wandayi announced that this agreement would launch a significant initiative to develop and maintain key transmission lines and substations nationwide. Kenya has turned to public-private partnerships to address the funding gap for power projects and the aging transmission network.
Additionally, the Adani Group is seeking a 30-year lease to expand and operate Jomo Kenyatta International Airport, but that deal has also been halted by the High Court.
