The case challenging India’s Adani Group’s proposed takeover of Jomo Kenyatta International Airport (JKIA) in Kenya has been forwarded to Chief Justice Martha Koome for the formation of a three-judge bench. This significant ruling by Justice John Chigiti highlights the case’s complexity and the national impact of the proposed infrastructure management shift.
The Kenya Human Rights Commission (KHRC) and the Law Society of Kenya (LSK) initiated the case, arguing that the takeover undermines principles of good governance, transparency, and accountability as outlined in Kenyan law. The petitioners insist that Kenya can independently raise the KSh 238 billion required to expand and modernize JKIA, without resorting to a long-term lease with a foreign corporation. They caution that Adani’s involvement could bring risks such as job losses and increased financial strain on taxpayers, while offering limited value to Kenyan infrastructure.
Justice Chigiti’s move to elevate the case reflects its critical importance, as Kenya considers the role of foreign investment in managing key infrastructure assets. The case now awaits Chief Justice Koome’s decision on empaneling a suitable bench to deliberate on this highly debated matter. The outcome could set a precedent for future foreign investments in Kenya’s infrastructure and influence the governance of public assets across the nation.
