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The High Court has issued a stay order blocking the government from proceeding with the lease agreement for the development of additional facilities at Jomo Kenyatta International Airport (JKIA).
Justice John Chigiti granted the stay on Monday in response to a judicial review application filed by the Law Society of Kenya (LSK) and the Kenya Human Rights Commission (KHRC).
The petitioners challenged a proposal by the India-based Adani Enterprise to build and manage new facilities at JKIA as part of the government’s expansion plan.
They sought to prevent the Kenya Airports Authority (KAA) from moving forward with the proposal, which could result in Adani taking over airport operations.
Under the proposed 30-year Build-Operate-Transfer (BOT) contract, the Indian firm would upgrade the airport, including constructing a second runway and a new passenger terminal.
Judicial review allows courts to assess the actions of legislative, executive, and administrative branches of government to ensure they align with the Constitution.
In granting the stay, Justice Chigiti instructed respondents and interested parties to submit their responses within five days, with applicants having an additional three days to file their submissions. The court will next review the case on October 8 to set a date for judgment.
Objections to the Lease
LSK and KHRC argued that leasing a profitable and strategically vital airport to a private entity is unreasonable. They claimed the proposed deal undermines principles of responsible public spending, transparency, accountability, and good governance.
In June, the government approved aviation policies that favored Adani’s expansion plans, sparking public backlash over the deal’s secrecy and potential implications.
On September 2, KAA staff protested against the plan, demanding its cancellation due to concerns about its impact on their welfare. The Kenya Aviation Workers’ Union (KAWU) criticized KAA for not consulting employees, who they consider key stakeholders.
