Editor's note: Read the petition here.
The Kenya Human Rights Commission (KHRC) and Law Society of Kenya (LSK) have moved to court to block the controversial takeover of Jomo Kenyatta International Airport (JKIA) by India's Adani Enterprises.
The privatization deal, which would grant Adani control of the airport for 30 years, has ignited widespread public outrage over its secrecy and potential consequences.
Opposition to the agreement has intensified, with airport workers protesting and demanding the plan be scrapped.
But the government appears determined to push the deal forward.
Adani has pledged a Sh238 billion investment to "upgrade and expand" the airport, but the petition says Kenya can raise the necessary funds independently, without handing over control of a key national asset.
“The Adani proposal is unaffordable, threatens job losses, has a disproportionate aggregated fiscal risk exposure to the public, and offers no value for money to the taxpayer,” KHRC executive director Davis Malombe stated in court filings.
KHRC and LSK sent letters to JKIA in July and August 2024 seeking details on the opaque contract.
Despite rising public demand for transparency, the government has continued to withhold information about the deal.
The legal challenge asserts that leasing a strategic and profitable national airport to a private entity is irrational.
“It violates the principles of good governance, accountability, transparency, and prudent and responsible use of public money under Articles 10 and 201,” the petitioners say.
Controversy also surrounds the timeline of the deal.
According to the petition, Adani submitted its proposal on March 1, 2024, yet the government only approved the relevant aviation policies in June—three months later.
“The timing points to a possible collusion between the respondents to tip off and give Adani a head start on the planned expansion of JKIA, contrary to Article 10 on good governance,” the petition says.
The terms of the deal have sparked further outrage.
After the 30-year lease period, Adani would retain an 18 percent equity stake in JKIA's aeronautical business indefinitely, entitling the company to a concession fee starting at Sh6 billion, with a 10 percent increase every five years.
The petition argues that this arrangement violates Article 201(c) of the Constitution, which mandates that the benefits and burdens of resource use must be shared equitably across generations.
Adani’s corporate track record is also under scrutiny.
The company has been embroiled in numerous corruption and human rights investigations worldwide. In 2011, the Parliamentary Ombudsman in the Indian state of Karnataka investigated Adani for its role in the illegal export of millions of tons of iron ore.