On Monday, the High Court postponed the hearing of a case that challenges the proposal to lease Jomo Kenyatta International Airport (JKIA) to the Adani Group. The court rescheduled the hearing for November 11, 2024.
Justice Bahati Mwamuye made this decision to adjourn after Attorney General, Dorcas Odour, along with Cabinet Secretaries John Mbadi (Treasury) and Davis Chirchir (Transport), and representatives from the Senate, National Assembly, and the Adani Group informed the court that they had not yet received the amended petition filed last Monday.
The adjournment request originated from the Wiper Democratic Movement, led by Kalonzo Musyoka. Kalonzo explained that their lead counsel, Kibe Muigai, was currently engaged in other legal matters related to the impeachment of Deputy President Rigathi Gachagua.
During the proceedings, the court learned that Kibe, the lead counsel in the Adani case, had been instructed to represent three petitioners who obtained orders from the Kerugoya High Court. These orders prevented Prof. Kithure Kindiki from being sworn in as the next Deputy President following Gachagua’s impeachment.
Kalonzo emphasized the significance of the case, asserting that Kibe was prepared to advocate for conservatory orders due to the case’s implications for national heritage.
“Kibe was present and ready to proceed, as his mandate was to argue for conservatory orders. This matter involves national heritage and should not be taken lightly,” Kalonzo stated.
In contrast, the Attorney General and the Cabinet Secretaries opposed the adjournment request. Represented by lawyers Michael Odour, Ochieng Oduor, and Kimani Kiragu, they argued that Kibe Muigai’s absence should not delay the proceedings. They asserted that the court could still issue directions without him, highlighting the public interest in the matter.
“There is no prejudice to the two petitioners if directions are issued without lawyers Kibe Muigai and Ndegwa Njiru present. This matter is of public interest, and in line with Article 149 of the Constitution, it is only fair that directions be granted today,” Ochieng stated.
Michael Odour, representing the Attorney General, noted their unpreparedness to proceed with the case due to the lack of received pleadings.
Meanwhile, Kiragu, representing the Adani Group, urged the court to continue with the case, citing his prior commitment at the Narok Law Courts.
Ultimately, Judge Mwamuye denied the adjournment request, stating that the petitioners would not suffer any prejudice if the court proceeded with directions. He ordered the petitioners—activist Tony Gachoka, the Mt. Kenya Jurists, the Wiper Democratic Movement, the Democratic Action Party of Kenya, and the Jubilee Party—to serve the respondents with their amended petition by the close of business on October 23, 2024.
Additionally, the Judge directed the Attorney General, Cabinet Secretaries, the Senate, the National Assembly, and the Adani Group to submit their responses within seven days. Recognizing the public interest in the case, he scheduled a priority mention date for November 11, 2024, to confirm compliance and facilitate case management.
“Noting the immense public interest in this matter, a priority mention date shall be set for November 11, 2024, in physical court. The purpose of this mention will be to confirm compliance and for case management,” Justice Mwamuye directed.
