High Court allows Azimio coalition to challenge JKIA lease

The High Court yesterday allowed the Azimio La Coalition to join a lawsuit contesting the controversial lease of Jomo Kenyatta International Airport (JKIA) to the Adani Group. 

Justice Bahati Mwamuye's decision allows the coalition, which includes key political parties like Wiper Democratic Movement, Jubilee Party, and Democratic Action Party of Kenya, under the leadership of Kalonzo Musyoka, Jeremiah Kioni, and Eugene Wamalwa respectively, to file a formal challenge to the legality of the deal.

On Monday, Kalonzo, representing the coalition, passionately urged the court to allow the political parties to be formally enjoined as petitioners.

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"Your Honour, I kindly request that Wiper, Jubilee, and the Democratic Action Party be included in this matter. Given the irregularities surrounding this deal, it is prudent for us to participate in this critical issue," pleaded the Wiper boss.

Lawyer Mugai Kibei, representing activist Tony Gachoka and a group of Mount Kenya lawyers, voiced their support for the coalition's inclusion.

"Given the public interest in this matter, it would be fair to allow amendments to the petition. We are ready to make necessary changes within ten days," Kibei stated while advocating for the coalition's involvement to ensure a comprehensive examination of the lease.

Kalonzo's request was also supported by Lawyer Ndegwa Njiru who emphasised that the coalition's participation was crucial, echoing the sentiment that the case merits thorough scrutiny. 

"We urge the court to grant orders preventing the government from executing the deal until this lawsuit is resolved," Njiru argued, citing procedural and constitutional concerns.

The Kenya Airports Authority (KAA), represented by State counsel Kiragu Kimani, opposed the request for conservatory orders, claiming they had not yet been served with the petition.

"Granting any orders at this stage would lead to conflicting rulings since there exists another matter pending before Judicial Review Division filed by Law society of Kenya and there is a stay order," Kimani warned, highlighting the complexities surrounding the lease agreement.

Meanwhile, James Ochieng Oduor, representing Airport Infrastructure PLC, confirmed that they too had not received the petition but did not oppose the coalition’s inclusion. 

"We acknowledge the importance of the issues raised and support the amendment of the petition," he said. 

Lawyer Fred Ngatia, representing the Transport Workers Union, welcomed Azimio's request, stressing the urgency of the matter. 

"Time is of the essence. This deal has been in the process for three months, and we need clarity on its validity," he insisted, urging the court to set a swift timeline for the proceedings.

Justice Mwamuye, after careful consideration, allowed Azimio's request to join the lawsuit, setting a deadline for the coalition to file their formal petition by September 30. 

The judge also granted the initial petitioners the opportunity to amend their suit and introduce new evidence, emphasising the importance of a comprehensive legal examination of the lease agreement.

Additionally, Justice Mwamuye directed both KAA and the Adani Group to respond to the lawsuit by October 10, 2024, with a mention scheduled for October 17. 

It is alleged that the lease agreement with the Adani Group that was finalised in July, promises extensive upgrades to JKIA, including new terminal constructions and improved facilities, with a projected investment of approximately $2.05 billion (Sh 266.5 billion)

However, the petitioners have raised serious objections regarding the legality and transparency of the deal. 

They argue that the negotiations were conducted without sufficient public consultation and lack the necessary parliamentary approval, which they claim is vital for significant transactions involving national assets.

Gachoka, alongside the Mount Kenya lawyers, has characterised the lease as shrouded in secrecy, asserting that it poses a threat to Kenya’s sovereignty and economic stability. 

“The government is poised to sign a concealed concession agreement that alienates JKIA for 30 years,” Gachoka warned, highlighting fears that such an arrangement could compromise national security.

The petitioners have underscored concerns about the potential long-term repercussions of leasing a strategic national asset to a foreign entity.

They argue that punitive terms within the lease could impose significant financial burdens on Kenya in various scenarios, including defaults or civil unrest. 

This arrangement has been described as a “well-orchestrated scandal” and a manifestation of “legalised corruption,” jeopardising the interests of Kenyan citizens.

Seeking a declaration that the lease violates constitutional principles of public participation and sustainable development, the petitioners demand that the court prevent any execution of the deal until all legal challenges are resolved. 

They argue that such critical decisions regarding national assets require robust public engagement and transparency to safeguard Kenya’s sovereignty.