David Ndii At The Center Of Controversial JKIA-Adani Deal, Court Documents Reveal

“Unsurprisingly, on March 1, 2024, the second respondent submitted to the KAA its PIP for the development of JKIA under PPP arrangements. On the same day, the JKIA submitted the said proposal to the 9th respondent PS Mohammed Daghar who on the same day submitted the proposal to the PS National Treasury Chris Kiptoo. The petitioners earnestly believe these activities did not take place on 1 March 2024 as demonstrated,” argued Ndegwa.

The court heard that contrary to the government’s claim that Adani was the only firm interested in developing JKIA, other firms had floated their proposals. The lawyer claimed that Abu Dhabi, China Road and Bridge Corporation and Motar Etgil Africa/Corporation America JV had proposed to develop JKIA through PPP. He said that despite the documents being before KAA), the government never disclosed them same to the public.

“By a further letter dated June 12, 2023, referencing “Proposed Construction of a Second Runway at Jomo Kenyatta International Airport (JKIA) the 9th respondent  PS Mohamed Daghar stated that the KAA had not formally submitted the PIP submitted by Adani Airport Holdings Ltd and their preliminary appraisal of the same,” claimed Ndegwa..
He further claimed that PIP for JKIA submitted by Adani is lopsided and subversive of Kenya’s public interest.

Ndegwa said that despite the government drumming up for the firm to take over JKIA for 30 years, no one can put a finger on how much Adani had invested or will pump to the project.

The lawyer alleged that the Indian firm is being gifted JKIA without paying a penny.

“Adani Group PIP does not specify the exact amount to be invested despite the fact that investment is the principal criterion for PPP under the 2011 Policy on PPPs and subsequent legislations. For all practical purposes, the existing and potential revenue of JKIA are simply being transferred to the 2nd Respondent and its undisclosed Kenyan partners to invest for their private gain. This is a clear case of sovereign robbery,” claimed Ndegwa.

The court heard that the government is going against a 2019 Parliament report that shielded JKIA from privatization or control by foreigners.