The Milimani High Court is expected to review developments in the Adani-Jomo Kenyatta International Airport (JKIA) case, months after a section of petitioners moved to court seeking orders compelling the state to provide proof of the deal’s cancellation.
President William Ruto had ordered the cancellation of the planned Adani Group takeover deal of the Jomo Kenyatta International Airport.
The petitioners, led by Tony Gachoka and the Mount Kenya Jurists, however, argued that there was a need for the state to provide concrete proof of the deal’s cancellation.
Through their advocates, the petitioners emphasised that the matter should proceed to its logical conclusion, as they were also challenging the constitutionality of the various provisions in the PPP Act, on which the Adani-JKIA deal was founded.
Advocate Ezra Makori, representing Adani Group, said they wish to be excused from the proceedings as the projects have since been cancelled.
Justice Bahati Mwamuye issued a directive for the state to produce evidence to substantiate claims that the Adani-JKIA deal has been cancelled.
In a subsequent mention earlier this year, the court adjourned the matter due to incomplete submissions and procedural delays.
The scheduled mention will assess the status of compliance by the State with the November 2024 court order requiring proof of cancellation of the concession deal.
The matter may then proceed to a full hearing or further directions depending on the state’s submissions.
In another case, the court is expected to issue further directions on the bail application of the four police officers facing charges on crimes against humanity, including the 2017 death of six-month-old Samantha Pendo.
The case has previously faced notable delays, largely due to the delayed submission and distribution of crucial pre-bail and witness protection assessment reports.
Justice Margaret Waringa Muigai will consider the submissions from all parties as well as the reports.
The matter was adjourned from June 4 to allow time for these reports to reach all interested parties after earlier procedural setbacks.
The court will assess whether both parties are ready to present their arguments, with a possible bail ruling on the accused.
