KAA board did not approve Adani deal, aviation workers tell court

Aviation workers have claimed that the Kenya Airports Authority (KAA) Board did not authorise the multi-billion deal with Adani Airports Holding Group to lease Jomo Kenyatta International Airport (JKIA) for 30 years.

The claim is contained in a new case filed by aviation workers who are pushing for the cancellation of the deal between the Kenya Kwanza administration and Adani Group.

Kenya Aviation Workers Union (Kawu) claimed KAA received the document from Adani on March 1, 2024, approved it, and forwarded it to the directorate of public procurement and the Treasury Principal Secretary.

“The Board of directors of the first respondent (KAA) did not consider and or authorise the receipt or forwarding of the Adani PIP proposal to the second and third respondents ( Treasury Cabinet Secretary and directorate of Public Private Partnership),” Kawu claimed.

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The union in its case filed before High Court Judge Chacha Mwita Monday, cites violation of public procurement law and secrecy regarding the deal as the main reasons for opposing the Adani deal.

It claimed that the government unlawfully hired consultancy services from ALG Global Infrastructure Advisors. The union further argued that ALG’s work was supposed to be constructing a new passenger terminal building, not what ended up as the Adani saga.

“The process engaged by the respondents in evaluation and approval of the fifth respondent, privately initiated proposal is unconstitutional hence null and void,” Kawu’s lawyer Bernard Koyyoko argued.

The union called its members to strike on August 12, 2024, following a whistleblower account of what was happening behind the scenes.

Following the notice, the court heard that the Transport Cabinet Secretary contacted the union and arranged a meeting with President William Ruto at State House.

According to Koyyoko, President Ruto directed the Kenya Airports Authority (KAA) to provide the workers with the deal details.

The union says grave concerns were revealed after a study of the documents supplied to it. Kawu for example, pointed out there was no public or open tender for JKIA development consultancy.

“The generation, presentation, and receipt of the Adani privately initiated proposal is therefore shrouded in a conspiratorial mystery, secrecy, and has no legal basis,” Koyyoko said.