The government is under scrutiny to provide full disclosure on its contentious deals with the Adani Group, despite President William Ruto’s directive to cancel the agreements. On Wednesday, November 27, the High Court ordered the state to demonstrate that the deal involving the Jomo Kenyatta International Airport (JKIA) had been officially terminated.
Justice Bahati Mwamuye directed the government to produce evidence after Advocate Ezra Makori, representing the Adani Group, sought to withdraw from the case, claiming the project had been scrapped. However, petitioners, including Tony Gachoka and the Mt Kenya Jurists, represented by Senior Counsel Kalonzo Musyoka and a legal team comprising Kibe Mungai, Dan Maanzo, and Eugene Wamalwa, contested this assertion, arguing that no verifiable proof of the cancellation exists.
“Public interest litigation must proceed when questions arise over leasing assets that belong to Kenyans,” stated the petitioners, emphasizing the need for transparency and accountability. They further argued that the dispute highlights potential constitutional violations within Kenya’s Public-Private Partnership (PPP) framework, which facilitated the controversial deal.
“This is not just about legality—it’s about combating high-level corruption,” Musyoka remarked, questioning the absence of clarity on what, if anything, had been canceled.
In his interim ruling, Justice Mwamuye prohibited the government from entering into any further agreements with the Adani Group and barred the transfer of JKIA’s operations to any other entity until the court resolves the matter.
Separately, Musyoka called for transparency in another Adani-related deal concerning the Kenya Electricity Transmission Company (KETRACO). He cited allegations of financial misconduct by the Adani Group, including reports of bribery, misleading investors, and obstructing justice. “What Kenyans need is the truth,” he said, urging the government to clarify the extent of the cancellations.
