The Kenyan government faces growing pressure to reveal all the details of its controversial deals with the Adani Group, despite President William Ruto’s directive to have them cancelled.
On Wednesday, November 27, the High Court ordered the state to provide proof that the Adani-JKIA deal had been officially terminated.
Justice Bahati Mwamuye issued the directive following a request from Advocate Ezra Makori, representing the Adani Group, to withdraw from the case challenging the Adani-JKIA deal. Makori claimed the project in question had since been cancelled.
However, petitioners Tony Gachoka and the Mt Kenya Jurists, represented by Senior Counsel Kalonzo Musyoka and Advocates Kibe Mungai, Dan Maanzo, and Eugene Wamalwa, challenged these assertions. They argued that there is no evidence to substantiate President William Ruto’s directive to cancel the contract.
“Public interest litigation like this must proceed when questions arise over leasing assets that belong to Kenyans,” the petitioners stated, emphasizing the need for accountability from those who initiated the disputed project.
They also pointed out that the case challenges the constitutionality of provisions in the Public-Private Partnership (PPP) Act, which underpins the Adani-JKIA deal. “This is about high-level corruption. We need clarity on what was truly cancelled,” Musyoka remarked.
In his ruling, Justice Mwamuye prohibited the government from entering into any future contracts with the Adani Group and barred any other entity from taking over JKIA until the court concludes its deliberations.
Separately, Kalonzo Musyoka called for transparency regarding another contentious project, the Kenya Electricity Transmission Company (KETRACO) deal. He cited allegations against the Adani Group, including a scheme to pay over $250 million (Ksh32 billion) in bribes to Indian officials, misleading investors and banks to raise billions of dollars, and obstructing justice.
“When we talk about strong winds, we are referring to high-level corruption, which the US addresses rigorously under the Foreign Corrupt Practices Act. What Mr. Ruto referenced during the State of the Nation indicated the cancellation of these agreements. But what exactly has been cancelled?” Musyoka questioned.
He added, “Kenyans demand nothing but the truth about the Adani Group deals. Anything else falls short of Kenyans’ expectations.”
