Court to hear case against JKIA-Adani lease deal in December
The panel, consisting of Justices Jairus Ngaah, Moses Ado, and Lucy Njuguna, will review an application from the Kenyan government that seeks to overturn an earlier court order blocking the lease deal.
A case challenging the proposed lease of Jomo Kenyatta International Airport (JKIA) to India's Adani Group is set to be heard by a three-judge bench on December 17, 2024.
The panel, consisting of Justices Jairus Ngaah, Moses Ado, and Lucy Njuguna, will review an application from the Kenyan government that seeks to overturn an earlier court order blocking the lease deal.
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The case began when Justice John Chigiti issued a temporary order halting the implementation of the lease following a privately initiated proposal involving the Adani Group.
This injunction aimed to prevent any action on the proposed lease until the matter is resolved in court. In response, the state filed an application to have this order set aside.
The bench has also scheduled a hearing for a preliminary objection raised by several parties, who argue that the High Court lacks jurisdiction to adjudicate the matter.
The Treasury, Attorney General, Cabinet Secretary for Transport Davis Chirchir, the Public Private Partnership (PPP) Directorate, and the PPP Committee contend that disputes over decisions made by the contracting authority or PPP entities should be handled by a petition committee, as stipulated in the Public Private Partnership Act.
"Parties are at liberty to file their responses and submissions by the applicants ahead of the hearing on December 17," the bench said on Monday.
Chief Justice Martha Koome appointed the three-judge panel after Justice Chigiti, who initially presided over the case, deemed the issues involved to be of significant constitutional importance, warranting a multi-judge review.
In addition to this case, a separate but related matter, brought forward by journalist Tony Gachoka and the Mt. Kenya Jurists, will proceed on November 27, 2024, in a different division.
This case raises several issues that overlap with those presented by the Law Society of Kenya in its filing to the three-judge bench.
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