The controversy surrounding the proposed Adani takeover of Jomo Kenyatta International Airport (JKIA) has escalated as activist Tony Gachoka, alongside the Mt Kenya Jurist, Wiper Party, Jubilee Party and Democratic Action Party-Kenya (DAP), now say the Indian conglomerate does not intend to invest its own assets in the airport.
They say Adani Group intends to take over JKIA’s assets and income.
In a petition filed at the High Court in Nairobi, Mr Gachoka accuses the government of intending to gift JKIA to Adani.
“The Kenyan government has sought to consider handing over the revenue-generating assets and facilities of KAA as a gift to the first and second respondents (Adani Group and Adani Airports Holding) at no apparent benefit to the people of Kenya, through the application of the Public-Private Partnership (PPP) Act and other laws in a manner that is not open or accountable,” Mr Gachoka says in the petition.
The petitioners say the government is deliberately jeopardising operations at JKIA to justify the concession on the excuse that Kenyans have failed to manage and operate it in accordance with international standards.
This, the petitioners say, was part of a broader scheme to pressure the Kenya Airports Authority (KAA) to surrender its mandate to Adani Group.
No public participation
According to the petition, the government developed the legal and administrative framework for the transfer of control through a PPP, focused on refurbishing terminals and building a new one.
The petitioners add that Adani is not required to invest its funds into the project. Instead, JKIA’s assets and revenue would be transferred to Adani Group and its Kenyan partners via a UAE-registered company called Global Airports Operator LLC.
Mr Gachoka accuses the government of failing to ensure transparency, adding that the National Treasury bypassed the required review of the PIP before its approval in 2024.
He says Treasury concealed the fact that KAA was considering Adani’s proposal when the Cabinet reviewed the mid-term requirements.
The petitioners argue that lack of transparency violates the Constitution and suppresses fair competition.
Mr Gachoka says there was no public participation in the concession agreement. He adds in the petition that the people of Kenya and other stakeholders were denied the opportunity to participate in an open and inclusive process to decide the development of JKIA. The options were unfairly limited to a PPP arrangement.
The petition says the PIP threatens the economic rights of Kenyans, as JKIA is profitable, generating more than Sh10 billion a year.
The petitioners want the court to stop the government from approving concession agreements with the Adani Group over the airport.
They say they have learnt the concession agreement is complete and could be signed soon.
