Government ordered to produce proof of Adani-JKIA deal cancellation
By Lucy Mumbi |
Adani’s legal team clarified that discussions with the government were still at a preliminary stage and no binding contract had been signed.
The government has been ordered by the High Court to produce evidence confirming the cancellation of the controversial Adani-JKIA deal.
The directive was issued by Justice Bahati Mwamuye following submissions by Advocate Ezra Makori, representing the Adani Group, who indicated the group's wish to withdraw from the case on the grounds that the project had been terminated.
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In response, petitioners led by Tony Gachoka and the Mt Kenya Jurists challenged this claim, arguing that no evidence had been presented to substantiate President William Ruto's announcement of the cancellation.
Through their legal team, comprising Senior Counsel Kalonzo Musyoka, Kibe Mungai, Dan Maanzo, and Eugene Wamalwa, the petitioners insisted on accountability for those involved in initiating the contentious project.
“Public interest litigation such as this must proceed, especially where controversy surrounds the leasing of assets belonging to Kenyans,” they said.
Kibe Mungai noted the importance of pursuing the matter to its conclusion, as the petitioners were also contesting the constitutionality of provisions in the Public-Private Partnership (PPP) Act underpinning the deal.
"We are talking about high-level corruption. We need to know what was cancelled," Wiper Party leader Musyoka added.
Justice Mwamuye not only demanded evidence of the deal's cancellation but also issued an interim order barring Adani Group or any other entity from assuming control of Jomo Kenyatta International Airport (JKIA) until the case is resolved.
The court's decision comes amidst ongoing legal disputes over the deal, which would have seen the Adani Group take over JKIA's operations.
Adani’s legal team clarified that discussions with the government were still at a preliminary stage and no binding contract had been signed.
Government lawyer Dennis Mosota echoed these sentiments, stating that no formal agreements existed and, therefore, no contractual obligations had been terminated.
Despite these claims, the petitioners argue that the court must resolve critical legal questions surrounding the proposed deal before making any final rulings.
Last week, Ruto directed the cancellation of infrastructure and energy deals with the Indian billionaire Gautam Adani following criminal charges in the US.
In his State of the Nation address in Parliament, the Head of State said the PPP for the expansion of the JKIA and the Kenya Electricity Transmission Company Limited (KETRACO) are now cancelled due to the latest information.
Adani was indicted by the US Department of Justice, alongside his nephew Sagar Adani, for orchestrating a bribery scheme involving more than $250 million in payments to Indian government officials to secure solar energy contracts.
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