Nairobi — A Kenyan court has postponed a case challenging a controversial infrastructure deal involving India’s Adani Group and Nairobi’s Jomo Kenyatta International Airport (JKIA), after the government failed to submit proof the agreement had been cancelled.
The case, which was brought by the Law Society of Kenya (LSK), had been scheduled for mention on Tuesday but will now be heard on 27 October.
Appearing before Justice Bahati Mwamuye, the state was unable to provide documents confirming the termination of a related energy tender involving the Kenya Electricity Transmission Company (KETRACO). The court had been expecting evidence of the cancellation, which President William Ruto publicly ordered last November.
Justice Mwamuye granted the government, represented by the Attorney General’s office, a final deadline of 1 August to file its responses. He warned that if the required documents are not submitted by then, the court will proceed with a full hearing regardless.
“The respondents, particularly the first respondent, are granted a final opportunity,” Justice Mwamuye ruled, “to file and serve their responses to the application and petition.”
The petition, filed by LSK, questions the transparency and legality of the state’s deal with Adani, citing a lack of public participation and due diligence. The agreement, critics say, may have breached constitutional standards on openness and accountability in the management of public resources.
In November 2024, President Ruto ordered both the Ministry of Transport and the Ministry of Energy to cancel the agreements linked to JKIA and KETRACO following public backlash. But doubts have lingered about whether the instructions were ever formally carried out.
The High Court had earlier suspended the implementation of the JKIA-Adani deal through a conservatory order, pending further proceedings.
The Adani Group, one of India’s largest conglomerates, has in recent years expanded its interests across Africa, including in port, power and transport infrastructure. But its deals have sometimes sparked controversy due to concerns over procurement processes and financial oversight.
While government officials have said the deals were above board, legal experts and civil society groups argue that major public infrastructure agreements must follow due process and include public input.
With the October hearing now set, all eyes will be on whether the government meets the court’s filing deadline and whether it can show that President Ruto’s cancellation orders were followed through.
