Pressure mounts on KAA for transparency in alleged Adani Group deal for JKIA

Pressure mounts on KAA for transparency in alleged Adani Group deal for JKIA

The entrance of the Jomo Kenyatta International airport in Nairobi on November 5, 2022. (Photo by AFP)

A coalition of civil society organizations, including the Law Society of Kenya (LSK), Kenya Human Rights Commission (KHRC), Africa Centre for Open Governance (AFRICOG), and The Institute for Social Accountability (TISA), has demanded full disclosure on the reported deal between the Kenya Airports Authority (KAA) and the Indian multinational conglomerate, Adani Group.

In a letter addressed to KAA’s Acting Managing Director Henry Ogoye, Bond Advocates LLP, acting on behalf of the civil society groups, has raised significant concerns regarding the transparency, legality, and value for money of the alleged deal involving Jomo Kenyatta International Airport (JKIA).

Through the letter, dated July 23, 2024, the civil society groups are pressing for comprehensive details on various aspects of the deal, emphasizing the need for public accountability.

“Our clients have concerns about the value for money, transparency, and legality of this deal,” the letter states.

The letter specifically requests copies of all correspondence and minutes of meetings held by KAA regarding the deal, including communications with Adani Group and the Public Private Partnership Committee, as well as information on how Adani Group was selected for the deal.

It further asks for details on the procurement process of ALG: Global as the transaction advisor; a copy of the feasibility study or financial sustainability report prepared by ALG: Global; and copies of the contracts between KAA and ALG: Global, and KAA and Adani Group.

The groups have given KAA a 14-day deadline to provide the requested information.

“Please supply us with this information within 14 days of our letter, considering the public interest in this matter,” the letter demands. It further warns, “In default, our clients will sue to enforce this request at your additional cost.”

The civil society organizations argue that the deal's lack of transparency raises critical questions about its potential impact on public resources and governance standards.

They stress that the disclosure of this information is essential for maintaining public trust and ensuring that the deal aligns with national interests and legal requirements.

This comes on the backdrop of a statement from Prime Cabinet Secretary Musalia Mudavadi, who has dismissed reports that the government of Kenya intends to sell the Jomo Kenyatta International Airport (JKIA) to foreign investors.

Mudavadi told the National Assembly Budget and Appropriations Committee on Monday that the sale of such a high-value asset can only be done after public memoranda and approval by parliament.

“The airport is not on sale. This is a public asset, a strategic asset. If it was going to be sold, you can only do it after a full public process that parliament endorses,” Mudavadi told MPs.

The Prime CS said that instead, there are plans to modernize the airport and build a new terminal.

“The Kenya Airport Authority (KAA) must look at its investment programme very carefully, and make sure that everything is transparent. So that during the expansion process of the second terminal, let it be done through the legal process so that everybody knows what is going on,” he added.

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JKIA Musalia Mudavadi

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