Kenya: LSK Urges Govt to Account for Costs Following Cancellation of Adani Deals

22 November 2024

NAIROBI — The Law Society of Kenya (LSK) has called on the government to disclose all costs and losses incurred following the cancellation of Adani Group deals.

This comes after President William Ruto ordered the termination of agreements with the Indian-based private investor.

LSK is now urging the administration to provide a detailed account of the financial implications, particularly regarding the Kenya Electricity Transmission Company Limited (KETRACO) which had signed at Sh96 billion deal witth Adani in October.

It further emphasized the need for the government to take concrete measures to minimize losses to the country.

"We appreciate the President's reevaluation of the government's stance on these agreements and note it as a positive step towards constitutionally compliant governance," the LSK stated.

President Ruto, during his State of the Nation Address on Thursday, confirmed the cancellation of the deals, citing growing public concern and allegations of fraud against the Adani Group.

US indictment

The decision was widely viewed as a response a United States indictment on Adani officials the government having constistently dismissed mounting pressure from Kenyans opposing the deals.

President Ruto cited to new information from partner nations in an apparent refrence to Adani Group's implication in a multi-billion-dollar fraudulent scheme investigated by the United States Department of Justice.

Energy and Petroleum Cabinet Secretary Opiyo Wandayi had earlier defended the KETRACO deal with Adani Energy Solutions, asserting that the government had conducted comprehensive due diligence.

LSK President Faith Odhiambo urged the government to strictly adhere to Kenya's statutory and procedural frameworks regarding Public-Private Partnerships (PPPs).

Odhiambo further argued that if the deals with Adani and the Kenya Airports Authority had proceeded, they would have violated the government's duty to act in the best interests of the public.

"We call on all government agencies and departments to adequately consider the public's views and concerns in their mandates, which are carried out on behalf of and for the benefit of the people," she said.

Welcoming the cancellation, LSK reiterated its readiness to see the legal challenges surrounding the deals through to their conclusion.

LSK had previously filed petitions against the Adani Group's agreements with both the Kenya Airports Authority and KETRACO on September 9 and October 23, 2024, respectively.

These filings led to High Court-issued stay orders prohibiting the government from implementing or acting on a privately initiated lease for developing additional airport facilities.

The LSK also called on Kenyans to remain vigilant in safeguarding their sovereignty and ensuring adherence to national values and principles of good governance.

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BRADLEY AGUTU

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