KAA Board Skipped in Adani Agreement, Aviation Workers Tell Court

Aviation workers have taken a firm stand against the Kenya Airports Authority (KAA) and its recent lease agreement with Adani Airports Holding Group. In a lawsuit filed by the Kenya Aviation Workers Union (KAWU), the workers claim that the KAA Board did not authorize the multi-billion deal to lease Jomo Kenyatta International Airport (JKIA) to Adani for 30 years.

According to KAWU’s filing, the KAA received and approved a proposal from Adani Airports Holding Group on March 1, 2024. The union asserts that the proposal was then forwarded to the Directorate of Public Procurement and the Principal Secretary of the Treasury without Board authorization.

KAWU argues that the KAA Board was bypassed in this critical decision-making process. The union claims that the Board never considered or approved the Adani proposal before it was sent to the Treasury Cabinet Secretary and the Directorate of Public-Private Partnership.

KAWU contends that the deal violates public procurement laws and accuses the government of secrecy around the agreement. The union’s case, presented before High Court Judge Chacha Mwita, calls for the cancellation of the lease on these grounds. According to KAWU’s lawyer, Bernard Koyyoko, the approval process lacked transparency and did not follow proper legal procedures.

Koyyoko argues that “the process engaged by the respondents in the evaluation and approval of the fifth respondent’s (Adani’s) privately initiated proposal is unconstitutional, hence null and void.” He emphasizes that transparency and adherence to legal frameworks are critical when handling public assets like JKIA.

Another point of contention is the role of ALG Global Infrastructure Advisors, the consultancy firm allegedly hired by the government to manage the project. KAWU argues that ALG’s intended role was to oversee the construction of a new passenger terminal building at JKIA. Instead, the union claims that ALG’s involvement became entangled in what it describes as the “Adani saga,” further casting doubt on the integrity of the process.

Also read: Kenya Air Operators Demand Stakeholder Involvement in JKIA Concession

In response to what it saw as a lack of transparency, KAWU issued a strike notice on August 12, 2024, following an anonymous whistleblower’s account revealing the behind-the-scenes details of the deal. The strike notice led to a meeting between KAWU representatives and President William Ruto, arranged by the Transport Cabinet Secretary

At this State House meeting, President Ruto reportedly directed KAA to provide detailed information on the deal to KAWU. After reviewing these documents, KAWU raised serious concerns, highlighting the lack of a public or competitive tender process for selecting a consultancy to develop JKIA.

KAWU believes that “the generation, presentation, and receipt of the Adani privately initiated proposal is shrouded in conspiratorial mystery and secrecy and lacks legal foundation,” as noted by Koyyoko.

With this lawsuit, KAWU aims to stop the leasing arrangement and safeguard the airport’s future. The union argues that transparency, legal compliance, and public interest must be prioritized in any decision affecting JKIA, a critical asset for Kenya.