Court Blocks Push for Secret JKIA-Adani Deal Documents

The High Court in Nairobi has declined to issue orders compelling the government to disclose the full details of the multi-billion shilling agreement with India’s Adani Airport Holdings for the modernization of Jomo Kenyatta International Airport.

In a significant blow to transparency advocates, the presiding judge ruled against the immediate publication of the Privately Initiated Proposal. The petition, which sought to bring the details of the Sh238 billion deal into the public eye, argued that the secrecy surrounding the negotiations violated constitutional provisions on public participation.

The Adani Group, owned by billionaire Gautam Adani, submitted a proposal to the Kenya Airports Authority to develop, expand, and operate the country’s primary aviation hub for a period of 30 years. Under the proposed terms, the firm would invest in a new passenger terminal and the refurbishment of existing facilities.

Despite growing public concern and protests from aviation workers, the court maintained that the legal threshold for an interlocutory order for disclosure had not been sufficiently met at this stage of the proceedings. This decision allows the government to maintain a level of confidentiality over the sensitive commercial documents as the main suit progresses.

The Kenya Airports Authority has previously defended the deal, noting that JKIA is operating beyond its capacity and requires urgent private capital for expansion. The authority insists that no final agreement has been signed, although internal documents leaked earlier this year suggest that technical evaluations were already at an advanced stage.

Opponents of the deal, including the Law Society of Kenya and various human rights groups, argue that the long-term lease of a strategic national asset should be subject to rigorous public scrutiny. They claim that the lack of a competitive bidding process raises questions about value for money and potential job losses within the local aviation sector.

The court's refusal to grant the disclosure orders means that the specific financial models, land requirements, and tax exemptions requested by Adani remain shielded from the public. This lack of transparency has fueled strikes by airport staff, who fear that a private takeover will lead to mass redundancies and the erosion of labor rights.

Government officials from the Ministry of Transport have repeatedly stated that the airport is not being sold, but rather leased under a Public-Private Partnership framework. They argue that this model is necessary to bridge the infrastructure funding gap without adding to the national debt.

However, the legal challenge continues to focus on the procedural aspects of the deal. Lawyers representing the petitioners expressed disappointment with the ruling, stating that access to information is a fundamental right that should precede any major commitment of national resources.

The case is expected to return to court for further directions, as the parties prepare for a full hearing on the constitutionality of the proposed lease. For now, the intricate details of how Adani intends to manage Kenya's most important transport link remain behind closed doors.