Activist Tony Gachoka and a group of Mount Kenya lawyers have initiated a lawsuit against the recent deal to lease Jomo Kenyatta International Airport (JKIA) to Adani Group.
The petitioners argue that the terms of the 30-year lease agreement are dubious, citing concerns over legality, transparency, and national sovereignty.
Their petition demands that Cabinet Secretaries John Mbadi (Treasury) and Davis Chirchir (Transport), along with the Attorney General, be barred from executing the deal.
The lease deal, finalized in July this year, involves the Adani Group, a major Indian conglomerate.
The agreement includes extensive upgrades to JKIA, including the development of new terminal buildings, road networks, and other facilities aimed at enhancing the airport’s capacity and efficiency.
According to a privately initiated proposal feasibility report for JKIa filed in court by then petitioners, the Adani Group has committed to investing approximately $2.05 billion in the project, which includes refurbishing existing terminals and constructing new ones to accommodate future growth.
The first phase of the project, expected to be completed by fiscal year 2028, involves expanding terminal capacity to handle approximately 8.5 to 9 million passengers.
Subsequent phases will further enhance airport facilities and increase capacity, with the final phase projected to conclude in 2049.
The ambitious plans also include the development of a City Side Development (CSD) area, aimed at creating a modern and culturally reflective environment around the airport.
Gachoka and the Mount Kenya lawyers have raised significant objections to the lease deal.
In their lawsuit, they argue that the process leading to the lease was marred by secrecy and procedural flaws.
They contend that the lease, which involves a strategic national asset, was negotiated without adequate public consultation and lacks transparency.
“The government has or is about to sign a concealed concession agreement with Adani for the unlawful alienation of the airport for a period of 30 years,” Gachoka stated.
“This dubious and secretive private-public partnership deal has been kept away from the reach of the citizens of Kenya.”
The petitioners argue that the lease deal was finalized without the necessary approval from Parliament, which they believe is required for such significant transactions involving national assets.
They describe the process as “tainted with screaming and stinking procedural and constitutional impropriety” and accuse the government of acting in a manner that undermines democratic principles and public participation.
Gachoka and the Mount Kenya lawyers also express deep concerns about the potential long-term impacts of the lease on Kenya’s sovereignty and economy.
They argue that leasing a major national asset to a foreign entity like the Adani Group could compromise Kenya’s control over its infrastructure and could have adverse effects on Kenyan businesses and taxpayers.
The activists allege that the lease deal includes punitive terms that could place a significant financial burden on Kenya in the event of defaults, civil disobedience, or terrorist attacks.
They characterize the agreement as a “well-orchestrated scandal” and “legalized corruption,” claiming it is detrimental to the interests of the Kenyan people.
The petitioners request a court declaration that the alienation of JKIA violates constitutional principles related to intergenerational equity, sustainable development, and public participation.
They seek an injunction to prevent Cabinet Secretaries John Mbadi (Treasury) and Davis Chirchir (Transport), along with the Attorney General, from executing the lease deal until the legal issues are resolved.
The petitioners argue that the 30-year lease to Adani could compromise Kenya’s national security, given that JKIA is a strategic asset and a symbol of the nation’s sovereignty.
They request a declaration that any future alienation of JKIA must be subjected to thorough public consultation and participation processes.
