High Court adjourns JKIA-Adani case

The High Court was on Monday compelled to adjourn the hearing of a case challenging the proposal to lease Jomo Kenyatta International Airport (JKIA) to the Adani Group.

The hearing was adjourned to November 11, 2024.

Justice Bahati Mwamuye postponed the hearing after Attorney General Dorcas Odour, Cabinet Secretaries John Mbadi (Treasury) and Davis Chirchir (Transport), the Senate, National Assembly, and the Adani Group informed the court that they had not yet been served with the amended petition filed last Monday.

This adjournment request was brought by the Wiper Democratic Movement, led by Kalonzo Musyoka, who stated that their lead counsel, Kibe Muigai, was engaged in ongoing cases regarding the impeachment of Deputy President Rigathi Gachagua.

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"Kibe was here and ready to proceed, as his brief was to argue for conservatory orders. This is a critical matter involving a national heritage that cannot be taken lightly," he said.

However, the AG and the Cabinet Secretaries, represented by lawyers Michael Odour, Ochieng Oduor, and Kimani Kiragu, opposed the adjournment, arguing that the absence of Kibe did not warrant a delay.

They contended that directions could still be issued without him, as the matter is of public interest.

"There is no prejudice that two petitioners will suffer if directions are given in the absence of lawyers Kibe Muigai and Ndegwa Njiru. This matter is of public interest, and consistent with Article 149 of the Constitution, it is only fair that directions are granted today," Ochieng stated.

Michael Odour, representing the Attorney General, expressed that they were not ready to proceed with the case since they had not been served with the pleadings.
Meanwhile, the Adani Group's lawyer, Kiragu, urged the court to continue with the case, noting that he had another engagement in Narok Law Courts on Tuesday, October 23, 2024.

Judge Mwamuye declined the adjournment request, emphasizing that the petitioners would not suffer prejudice if the court proceeded with directions.

He ordered the petitioners, activist Tony Gachoka, Mt. Kenya Jurists, the Wiper Democratic Movement, the Democratic Action Party of Kenya, and the Jubilee Part to serve the respondents with their amended petition by close of business on October 23, 2024.

The Judge also directed the AG, Cabinet Secretaries, the Senate, the National Assembly, and the Adani Group to file their responses within seven days. Recognising the public interest in the case, he set a priority mention date for November 11, 2024, for compliance confirmation and case management.

"Noting the immense public interest in this matter, a priority mention date shall be set for November 11, 2024, in physical court. The purpose of this mention will be to confirm compliance and for case management," Justice Mwamuye directed, emphasizing the significance of the case to the public.

The petitioners argue that the JKIA-Adani deal process is tainted with illegalities, having not undergone mandatory public participation despite involving a strategic national asset.

In a related suit, the Law Society of Kenya (LSK) and the Kenya Human Rights Commission (KHRC) secured an order from Judge Chigiti prohibiting any implementation of the Adani proposal until the conclusion of the court case, citing concerns about governance, accountability, and the use of public funds.