The High Court has granted the Law Society of Kenya (LSK) and the Kenya Human Rights Commission (KHRC) permission to file a judicial review challenging the Kenya Airports Authority’s (KAA) decision to lease Jomo Kenyatta International Airport (JKIA) to Adani Airport Holdings for a 30-year period.
The court has also issued a stay order, prohibiting any actions or implementations related to the Adani proposal concerning JKIA until the court case is concluded. The case is scheduled for a mention on October 8, 2024, to set a date for judgment.
The lease deal, which has sparked significant controversy, involves a comprehensive modernization plan proposed by Adani Airport Holdings.
However, the Institution of Engineers of Kenya (IEK) has expressed concerns regarding some of the proposals laid out by the Indian firm.
The IEK criticized the focus on aspects of the proposal that it believes are not immediate priorities for JKIA, which currently serves 10 million travelers annually and is expected to handle 23 million by the end of the lease period in 2054.
Shammah Kiteme, President of the IEK, highlighted that while external expertise can be valuable, there is a need to assess whether all aspects of the airport’s modernization require external input.
He emphasized that local engineers and companies might be better suited for many of the technical tasks, thereby keeping knowledge and benefits within the country.
Adani’s proposal outlines a three-phase modernization approach:
- Phase 1 (2024-2028): Construction of a new terminal with an 8 million traveler capacity, refurbishment of existing terminals, development of aprons and taxiways, creation of a 4 by 4 lane to link terminals, and the establishment of a grade car park and City Side Development (CSD) featuring hotels and other facilities.
- Phase 2 (2029-2035): Details for this phase are yet to be clarified.
- Phase 3 (2046-2054): Further developments are planned, including expansions and improvements.
Kiteme pointed out that the current proposal appears to overly emphasize the CSD component, which includes significant investments in hotels and commercial properties.
He argues that such developments might not address the airport’s immediate operational needs and could prioritize commercial interests over essential airport functions.
The IEK has called for a reassessment of the proposals, suggesting that immediate issues facing the airport should be addressed before focusing on extensive commercial developments.
As the legal review progresses, the future of the JKIA lease remains uncertain, with stakeholders closely watching for further developments.
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