Silverio Omari
Justices Jairus Ngaah, Moses Ado, and Lucy Njuguna announced that the application to set aside interim orders halting the proposed lease will be heard on the specified date. Also scheduled for hearing is a preliminary objection raised by certain parties, questioning the High Court’s jurisdiction to handle the matter.
When the case was first filed, Justice John Chigiti issued an order barring anyone from acting on or implementing the privately initiated Adani proposal regarding JKIA, pending resolution of the case. However, the state has since applied to have these orders lifted.
The bench noted that parties are free to submit their responses and applicants’ submissions ahead of the hearing on December 17. Chief Justice Martha Koome appointed the three-judge bench after Justice Chigiti, who initially handled the case, noted that the matter involves significant constitutional issues that warrant consideration by a panel of judges.
Regarding the case filed by journalist Tony Gachoka and Mt. Kenya Jurists, the hearing is set for November 27. This case, filed in a different division, raises similar issues to those raised by the Law Society of Kenya, which will be heard by the three-judge bench.
The Treasury, Cabinet Transport Minister Davis Chirchir, the Attorney General, the Public-Private Partnership Directorate, and the Public-Private Partnership Committee have filed a preliminary objection. Through MMA Advocates LLP, they argue that the court lacks jurisdiction to hear the case, citing a provision in the Public-Private Partnership Act that grants the “petition committee” the authority to resolve disputes arising from decisions made by the contracting authority, the public-private partnership committee, and the directorate.
Dj Vnyash
