NAIROBI, Kenya- The High Court has hit the brakes on plans to lease Jomo Kenyatta International Airport (JKIA) to Indian conglomerate Adani Enterprises, temporarily suspending the deal pending further review.
The decision follows a petition by the Kenya Human Rights Commission (KHRC) and the Law Society of Kenya (LSK), who argue that the proposal endangers Kenya’s national assets and violates principles of good governance.
The proposed deal, which would allow Adani Enterprises to operate JKIA for 30 years under a Build-Operate-Transfer (BOT) contract, has faced fierce opposition.
The deal includes upgrading JKIA, constructing a second runway, and building a new passenger terminal, with an estimated cost of $1.85 billion (KES 238 billion).
However, KHRC and LSK argue that leasing the country’s busiest airport to a foreign entity is unnecessary and threatens national interests.
Represented by lawyer Dudley Ochiel, the petitioners asserted that JKIA is a profitable and strategic national asset that Kenya can upgrade independently.
Ochiel emphasized, “The Adani proposal is unaffordable, threatens job losses, and offers no value for money to the taxpayer.”
Beyond the financial concerns, the petition also raises serious questions about transparency.
According to the Kenya Human Rights Commission, their attempts to access information about the deal under Article 35 of the Constitution were ignored by the Kenya Airports Authority (KAA). This lack of transparency, they argue, violates principles of public accountability.
Moreover, the petition warns that the deal could permanently damage Kenya’s fiscal stability.
In addition to giving Adani control over JKIA’s operations for three decades, the deal includes provisions that would allow the company to retain an 18pc stake in the airport’s aeronautical business indefinitely.
This concession fee, starting at KES 6 billion and increasing by 10pc every five years, is seen as a violation of Article 201 of the Constitution, which demands equitable sharing of public resources across generations .
The petitioners also raised concerns about the broader implications of the deal, including potential job losses and land rights.
The deal reportedly allows Adani to acquire nearly 30 acres of land next to JKIA for property development, as well as tax-free operations for a decade, raising fears about the displacement of local labor and loss of revenue for the Kenyan government.
High Court Judge John Chigiti certified the case as urgent and granted temporary orders to halt the deal until the matter is heard in full. The case is set to be mentioned on October 8, when a judgment date will be determined .
As the legal battle continues, the future of JKIA hangs in the balance. KHRC and LSK’s petition has sparked a broader debate about foreign investment, national sovereignty, and the responsible use of public assets.
For now, the court’s intervention offers a pause, allowing time to consider whether leasing the country’s largest airport to a foreign company is truly in Kenya’s best interest.
