High Court stops govt from awarding Sh95 billion energy contracts to Adani

The high court has restrained the Kenya Electricity Transmission Company (KETRACO) and the Energy and Petroleum Regulatory Authority (EPRA) from awarding Sh95 billion in electricity transmission infrastructure contracts to Indian firm Adani Energy Solutions Limited.

The state corporations are barred from entering into any agreements or furthering any existing agreement for the development of transmission lines, substations or any electrical power infrastructure with the firm or its related companies.

The orders issued by Justice Bahati Mwamuye stopped the implementation of the contracts pending a hearing and determination of a case filed by a non-governmental organisation (NGO) to stop the deal.

Justice Mwamuye ordered the petitioners to serve the court orders to the government agencies before the close of business on Friday, October 25.

The judge also ordered the respondents including KETRACO, EPRA and the Ministry of Energy among others to respond to the petition by November 1.

Any further exchange of suit papers including filing written submission and pleadings before the court shall follow immediately but must be concluded by November 8 before the matter is mentioned on November 11.

KETRACO and EPRA wanted to award the contracts to the firm through a Public-Private Partnership (PPP) Agreement on the construction and installation of electricity transmission lines across the country.

Public participation

However, the NGO - Commission for Human Rights and Justice (CHRJ) - petitioned the high court in Nairobi to stop the anticipated deal until the corporations undertake an extensive public participation exercise.

CHRJ Executive Director Julius Ogogoh was also seeking orders against KETRACO and EPRA to share information about the deal as required in Article 35 of the constitution and provisions of the Access to Information Act.

The activist wants the agreement on laying electricity lines to be done in strict compliance with the Public–PPA Act and the Public Procurement and Assets Disposal Act of 2015.

The petitioner also wants the high court to declare that "devoid of satisfactory demonstrable public participation, the PPP Agreement for construction of electricity transmission lines is null and void".

CHRJ also wants the high court to declare that the public is entitled to information about the deal.

Ogogoh argued that the two agencies have clearly and totally disregarded the law on public participation, especially on such fundamental projects that seek to utilise public funds in public-private partnerships.

"It is the petitioner's case that the said decision undermined the principles of transparency, accountability and public participation as enshrined in the laws of the land especially the constitution," Ogogoh states.