Nairobi — The High Court has issued a stay order prohibiting the government from implementing or acting on the privately initiated lease for the development of additional facilities at the country's main intyernational airport.
Justice John Chigiti granted the stay on Monday following a judiciary review application by the Law Society of Kenya (LSK) and Kenya Human Rights Commission (KHRC).
The two petitioners contested a poposal by India-based Adani Enterprise to build and opearate the Jomo Kenyatta International Airport as part of government's expansion plan.
They asked the court to prohibit the Kenya Airports Authority (KAA) from acting on the proposal that could see Adani take over opearations at JKIA.
The Indian firm would upgrade the airport, including the construction of a second runway and a new passenger terminal under a 30-year-build-operate-transfer (BOT) contract.
Under judicial review, courts intervene to examine the actions of the legislative, executive, and various administrative arms of the government and determine their consistency with the Constitution.
While granting the stay, Justice Chigiti asked respondents and interested parties to file and serve their respective respionses within five days of service. Applicants will then have three days to file submissions.
He slotted the matter for mention on October 8 when the court will detramine a judgement date.
'Unresonable lease'
LSK and KHRC had argued that it is unreasonable to lease a profitable and strategically important airport to a private company.
They also said the proposed deal goes against the fundamental values of responsible public spending, transparency, accountability, and good governance.
In June, the government approved the relevant aviation policies, giving Adani a head start on the planned expansion of JKIA.
The move ignited widespread public outrage over its secrecy and potential consequences.
KAA staff taged protests over the plan on on September 2.
Under the Kenya Aviation Workers' Union (KAWU), the employees demanded the scrapping of thje proposed deal which they said would negatively impact on theier welfare.
Employees alos protested failure by KAA to consult them noting their place as key stakeholders.
