The High Court has certified as urgent a constitutional petition seeking to halt the proposed Ksh154 billion modernisation of Jomo Kenyatta International Airport (JKIA), setting the stage for a fast-tracked hearing next week.
Justice Gregory Mutai issued directions requiring all respondents and interested parties to file their responses within strict timelines, noting that the matter raises issues of significant public interest that require immediate judicial attention.
In his directions issued on June 19, the judge ordered that the petition and application be served on all parties by Friday evening. He further directed that responses be filed and served by June 22, ahead of an inter partes hearing scheduled for June 23 at 11:30am.
“In my view, the Petition and the Motion concern a matter of great public importance and deserve urgent consideration,” Justice Mutai stated in the court documents.
The case has been filed at the Milimani High Court by the Consumer Federation of Kenya (COFEK) through its Secretary General, Stephen Mutoro. The lobby group is seeking conservatory orders to stop any further action on the airport redevelopment project until the constitutional petition is fully determined.
COFEK wants the court to bar all respondents from proceeding with any steps that could create contractual, financial, or public obligations arising from the planned upgrade of the country’s main international airport.
The petition also seeks orders compelling the preservation of all records linked to the project. These include procurement documents, agreements, financing arrangements, correspondence, land-use records, and implementation plans.
According to the petitioner, government agencies have already initiated procurement processes for the project. However, key details such as the identity of the consortium involved, financing structure, beneficial ownership, and contractual obligations have not been fully disclosed to the public.
The case further raises concerns over reports linking a company allegedly associated with Zimbabwean businessman Wicknell Chivayo to the project, with questions emerging over the extent and nature of its involvement.
Mutoro argues that without court intervention, the government could proceed to sign binding agreements, secure financing, and commit public resources before constitutional questions raised in the petition are resolved.
He maintains that the planned redevelopment raises critical constitutional issues touching on transparency, accountability, public participation, access to information, public procurement, and the prudent use of public funds.
The legal challenge comes at a time when Transport Cabinet Secretary Davis Chirchir has defended the project, stating that the upgrade will be implemented in phases over three years. He noted that the expansion aims to increase JKIA’s annual passenger capacity from 7.5 million to about 22 million.
Chirchir has also dismissed claims that the contract has already been awarded, insisting that the procurement process is still ongoing and urging the public to disregard what he termed as inaccurate media reports.
The court is now expected to determine whether the project will proceed or be temporarily halted pending full hearing of the constitutional petition.
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