High Court Adjourns JKIA Takeover Case Amid Chaotic Protests

The High Court Judge Bahati Mwamuye was on Thursday forced to postpone the virtual proceedings in a case challenging the JKIA takeover by the Indian company Adani Group.

The adjournment came after disruptive protesters interrupted the session, chanting slogans against the airport's sale. The chaotic atmosphere, exacerbated by inappropriately dressed attendees, rendered the continuation of the virtual court impossible. The case, initiated by journalist Tony Gachoka and Mt Kenya Jurists, contests the legality of JKIA's transfer to the Adani Group. The plaintiffs contend that the process is marred by irregularities, notably the absence of mandatory public consultation for a strategic national asset.

Advocate Ndegwa Njiru, representing the plaintiffs, argues that leasing a profitable and strategically significant airport like JKIA to a private entity contravenes principles of good governance, accountability, transparency, and prudent use of public resources. In response to the disruptions, Judge Mwamuye has rescheduled the proceedings for an open court hearing on the 22nd. The proposed JKIA takeover has sparked public outcry, with various groups voicing their opposition. The Kenya Association of Air Operators (KAAO) has joined the dissent, advocating for competitive bidding given JKIA's strategic importance.

The Kenya Airports Authority (KAA) and the government face legal action over the $1.85 billion deal, which encompasses the construction of a new passenger terminal and renovation of existing facilities. Legal and procedural concerns have been raised by the Law Society of Kenya (LSK) and the Kenya Human Rights Commission (KHRC). They argue that the legal framework governing Public-Private Partnerships (PPPs) has not been adequately followed, and allegations of secrecy surround the deal.