NGO moves to court to block electricity contracts to Adani Group, citing lack of transparency

A non-governmental organisation (NGO) has petitioned the high court to stop two state agencies from awarding electricity transmission infrastructure contracts to Indian firm Adani Energy Solutions Limited.

The Commission for Human Rights and Justice (CHRJ) wants the Kenya Electricity Transmission Company (KETRACO) and the Energy and Petroleum Regulatory Authority (EPRA) be ordered to share information about the deal as required in Article 35 of the constitution and provisions of Access to Information Act.

The NGO wants KETRACO and EPRA to be ordered to conduct an extensive public participation exercise with regard to the anticipated Public–Private Partnership (PPP) Agreement on the construction and installation of electricity transmission lines across the country.

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

Among orders sought is declaration by the high court 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.

In an affidavit to support the petition, CHRJ Executive Director Julius Ogogoh argues that the two agencies have clearly and totally disregarded the law on public participation, especially on such fundamental projects that seek to utilize 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.

"The petitioner has further been reliably informed that an independent law firm domiciled in Nairobi wrote to (KETRACO) on September 11, 2024, seeking information in accordance with the constitution and Access to Information Act regarding the agreement between (KETRACO and EPRA) but KETRACO has refused, ignored and failed to provide necessary information for public consumption."

The activist says it has emerged that National Treasury officials visited the Adani Energy Solutions Limited offices in Ahmedabad, India in January 2024 to engage in discussions with the firm regarding the implementation of the agreement. Ogogoh says the Controller of Budget later disclosed that this trip cost the taxpayer Sh1,252,540.

The petitioner argues that the said decision by KETRACO unilaterally entertaining the partnership with the foreign firm without due process of public participation elicited sharp uproars from Kenyans because public funds are going to be spent on the deal.

In court papers, Ogogoh says the company being awarded the tenders is under investigations related to fraud with respect to previous projects undertaken all over the world.

"The information above (about Adani Energy Solutions alleged fraudulent activities) and others that may be in possession of other persons can only come to the light and clarified if and when a proper public participation exercise is conducted and the project vetted fully," states Ogogoh.