Kenya: Renewable Energy Firm Gitson Joins Ketraco-Adani Legal Case

13 November 2024

Nairobi — Gitson Energy Limited has petitioned the Kenyan High Court to join the Law Society of Kenya's case challenging the KETRACO-Adani contract as an Interested Party.

The renewable energy developer filed its petition on November 8, 2024, through its advocates, Theuri Wesonga and Co. Gitson states that its participation will offer critical information, insights, and submissions relevant to the issues raised in the Law Society of Kenya's (LSK) petition.

In late October, the Nairobi High Court issued conservatory orders halting the contract's progress after the LSK filed a petition, citing constitutional concerns.

Gitson argues that its substantial investment in Kenya's renewable energy sector justifies its request to join the case and positions it to assist the court in determining whether the contract aligns with legal and public interest standards.

The company further claims that the Adani-Kenya Electricity Transmission Company (KETRACO) deal imposes undue financial and economic burdens on the public and fails to meet constitutional requirements.

"The 1st and 2nd Respondents entered into an agreement with terms that impose undue financial burdens on the public, including long-term availability-based tariffs without prior stakeholder consultation, potentially adding costs for taxpayers and violating constitutional mandates for accountability and fiscal prudence," reads the petition.

The Sh95.68 billion ($736 million) contract, signed in mid-October by KETRACO and Adani Energy Solutions Limited, would see Adani build and operate four transmission lines and two substations over a 30-year period, after which they would revert to Kenya.

The projects under this agreement include the 400kV Double-Circuit Gilgil-Thika-Malaa-Konza Line (208.73 km) and the 220kV Rongai-Keringet-Chemosit Line (99.98 km).

Also included are the 132kV Menengai-Ol Kalou-Rumuruti Line (89.88 km), a 400/220kV substation at Lessos, and a 132/33kV substation at Thurdibuoro.

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