High Court grants State final chance to provide proof of KETRACO-Adani tender cancellation
Justice Mwamuye further noted that if the state, through the Attorney General, fails to submit the required documents by the deadline, the case will proceed to a full hearing.
The High Court has granted the state a final opportunity to produce evidence of the cancellation of the KETRACO tender awarded to the Adani Group.
When the matter was mentioned today before Justice Bahati Mwamuye, the court was informed that proof of the tender’s cancellation had not yet been filed. The government sought additional time to submit its responses.
"The respondents, particularly the first respondent, are granted a final opportunity to file and serve their responses to the application and petition. They must do so by August 1 this year," the court directed.
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Justice Mwamuye further noted that if the state, through the Attorney General, fails to submit the required documents by the deadline, the case will proceed to a full hearing.
The matter has been scheduled for further mention on October 27 this year, when directions on the joinder of parties will also be issued.
In November last year, President William Ruto ordered the Ministries of Transport and Energy to cancel the Jomo Kenyatta International Airport (JKIA) and KETRACO deals with the Adani Group.
"Based on new information provided by our investigative agencies and partner nations, the procuring agencies within the Ministry of Transport and the Ministry of Energy and Petroleum must immediately cancel the ongoing procurement process for the JKIA Expansion Public Private Partnership transaction, as well as the recently concluded KETRACO transmission line Public Private Partnership contract, and immediately commence the process of onboarding alternative partners," said Ruto.
Adani had proposed a Sh260 billion deal to renovate JKIA for a 30-year period, along with a Sh95 billion investment to develop the country's transmission lines, both under the Public Private Partnership (PPP) model.
The High Court had previously issued a conservatory order suspending the implementation of the agreement.
The case was filed by the Law Society of Kenya, which argued that the deal lacked proper public participation and due diligence, potentially violating constitutional requirements on transparency, accountability, and fiscal responsibility.
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