Petition filed to stop alleged Ksh.375B JKIA expansion project

A petition has been filed at the Milimani High Court seeking to halt the proposed Ksh.375 billion design, development and modernization of Jomo Kenyatta International Airport (JKIA) pending the hearing and determination of a constitutional case challenging the project.

The petition, filed by the Consumer Federation of Kenya (COFEK) through its Secretary General Stephen Mutoro, seeks conservatory orders restraining the respondents from taking any further steps capable of creating contractual, financial, proprietary or public obligations arising from the proposed redevelopment of Kenya's main international airport.

The petitioner also wants the court to order the preservation of all records relating to the project, including agreements, approvals, financing documents, correspondence, land-use records and implementation documents, pending the determination of the petition.

Mutoro argues that while the government has initiated the procurement process for the airport's expansion, critical information relating to the consortium behind the project, beneficial ownership, financing arrangements, governance structure and contractual obligations has not been disclosed despite the project's immense public significance.

The petition further raises concerns over reports that IMC Construction Kenya Limited, a company reportedly associated with Zimbabwean businessman Wicknell Chivayo, is part of the consortium or implementation structure, arguing that the nature of its involvement and the approval process remain unclear.

According to the petition, unless the court intervenes, the respondents may proceed with signing agreements, securing financing, committing public resources and undertaking implementation measures before the constitutional issues are determined, rendering the case nugatory.

The petitioner argues that the project raises substantial constitutional questions on transparency, accountability, public participation, access to information, public procurement and the prudent management of public resources.