A petitioner, Isack Lango Guyo, has filed a court petition seeking to halt the proposed expansion and modernization of Jomo Kenyatta International Airport (JKIA) by the Indian company Adani Project Holdings. The petition, lodged at the Milimani Law Courts, requests the court to nullify all agreements and proceedings related to the Sh260 billion deal.
Concerns Over Transparency and Public Participation
Guyo argues that the project, initiated privately by Adani Project Holdings, lacks public participation and transparency, violating constitutional principles. He contends that the deal, along with all associated processes, is unconstitutional and demands that the court declare it null and void. Guyo further seeks to prevent the government from pursuing any future Public-Private Partnerships (PPPs) for JKIA or other strategic assets without adhering to constitutional requirements for transparency and public involvement.
Government’s Justification for the PPP Model
Prime Cabinet Secretary Musalia Mudavadi has defended the project, stating that the Sh260 billion cost is beyond the government’s current fiscal capacity, necessitating a PPP arrangement. Mudavadi highlighted that the PPP model, established under the Public and Private Partnerships (PPP) Act, blends private investment with public funds to finance the expansion and modernization of JKIA. He emphasized that this approach is essential given the projected growth in passenger traffic to approximately 30.5 million over the next 30 years.
Due Process and Compliance Assured
Mudavadi clarified that the proposal from Adani Airport Holdings, received by Kenya Airports Authority (KAA) in March 2024, is undergoing due process in accordance with the PPP Act. This includes value-for-money assessments, stakeholder engagement, National Treasury approval, clearance by the Attorney General, and Cabinet and, if necessary, Parliamentary approval. He reassured the public that the process ensures thorough scrutiny of the project’s financial and technical viability while safeguarding national interests.
Commitment to Best Practices and Transparency
In response to ongoing scrutiny, Mudavadi assured that the government is committed to adhering to international standards and best practices. He emphasized that JKIA will be developed according to international regulations, including those from the International Civil Aviation Organization (ICAO). Mudavadi stressed that the project aims to transform JKIA into a world-class airport, enhancing Kenya’s position as a leading regional and continental hub for air transport, trade, logistics, and finance.
