Court adjourns virtual hearing of Adani-JKIA case after protesters disrupt it
By Lucy Mumbi |
The case has been filef by activist Tony Gachoka, Mount Kenya Jurist, Wiper Democratic Movement, Jubilee Party, and the Democratic Action Party-Kenya.
There was a showdown during a virtual hearing on Thursday, forcing a judge to adjourn a case challenging the planned lease of the Jomo Kenyatta International Airport (JKIA) to India's Adani Group.
The virtual session was disrupted by numerous individuals chanting slogans like "Adani Must Go!" and "JKIA is not for sale".
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High Court Judge Bahati Mwamuye apologised for the interruptions and adjourned the session, setting a new date of October 22.
The judge ordered that the next hearing take place in a physical courtroom.
"The hearing of the case cannot proceed due to the level of noise in the background on the virtual platform. Accordingly, the matter is stood over to Tuesday, October 22, at 11 am in open court," Judge Mwamuye ruled.
In addition to the disruptions, participants in the virtual hearing filled the court chat with similar anti-Adani messages.
The case, brought forward by activist Tony Gachoka, Mount Kenya Jurist, Wiper Democratic Movement, Jubilee Party, and the Democratic Action Party-Kenya (DAP), seeks to block the government from proceeding with any concession agreements with Adani Group over JKIA.
The petitioners have asked the court to halt the implementation of the "Heads of Terms of the Concession Agreement" signed on August 28, 2024, between the Kenya Airports Authority (KAA) and Adani Airport Holdings.
Gachoka further argued that the privately initiated project (PIP) proposal submitted by Adani Airport Holdings on March 1, 2022, was fraudulent and unlawful, claiming it violated both the Public Private Partnership (PPP) Act and the Kenyan Constitution.
He also stated that the KAA failed to conduct proper public participation after receiving the proposal and before issuing a positive appraisal for the project.
Adani case
Meanwhile, Adani Group has filed a separate case seeking to have the lawsuits dismissed. The company claims the legal challenges are premature, as the project is still undergoing due diligence and has not yet been approved.
Adani Airports Holdings argued that its proposal aims to transform JKIA into a world-class facility.
"The 5th respondent (Adani Airports Holdings Ltd) provided a detailed analysis of the project delivery plan, a justification for using the privately initiated proposal method, the value for money, the affordability of the project, and disclosed all financial implications of the project," Adani Group said in its defence.
The company explained that its interest in improving JKIA arose from media reports highlighting the airport's deteriorating conditions, prompting it to submit the proposal to KAA on March 1, 2024.
Should the Adani Airport Holdings proposal be approved, JKIA is set for a significant transformation.
The new terminal design, inspired by Kenya's butterflies, aims to blend fluid, natural lines with contemporary architecture, offering both elegance and functionality.
The architectural concept draws from the symmetry of butterfly wings, featuring sweeping curves in the roof and façade to evoke the graceful movement of butterflies.
This organic design extends throughout the terminal, with flowing walkways, ceilings, and open spaces, creating a smooth, uninterrupted experience for travellers. The layout intentionally avoids rigid structures, aiming to provide a dynamic environment that mirrors the beauty of nature.
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