The case challenging Kenya’s deal with India’s Adani Airport Holdings has yet again been as the judge was unavailable and pushed to November 27, with a related case by the Law Society of Kenya set for November 17, 2024.
The case was set to resume November 11th after after the High Court judge Bahati Mwamuye was Compelled to adjourn the hearing after the respondents told the court they hadn’t been served with the amended petition of the case
Petitioners moved to court to stop a Public-Private Partnership between the government and Adani, that would see the Indian conglomerate develop and manage the Jomo Kenyatta International Airport (JKIA) under a 30-year lease to the tune of 1.9 billion dollars
The first adjournment request was brought by the petitioner representing aviation workers Wiper Democratic Movement, led by Kalonzo Musyoka, who stated that their lead counsel, Kibe Muigai, was also engaged in an ongoing case regarding the impeachment of Deputy President Rigathi Gachagua.
Kalonzo emphasized the significance of the matter, asserting that the lawyer was prepared to argue for conservatory orders, as it involves national heritage.
However, the respondents that include the Attorney General Dorcas Odour, Cabinet Secretaries John Mbadi (Treasury) and Davis Chirchir (Transport), the Senate, National Assembly, and the Adani Group 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.
However, the orders that were issued stopping the execution remain enforced until the matter is heard and determined.
Meanwhile, a preliminary objection has been filed in the case challenging the jurisdiction of the court to hear and determine the matter.
In the case, the petitioner wants the deal declared unconstitutional on grounds that the process was rushed and the usual procedures bypassed.