The High Court has certified as urgent a constitutional petition seeking to stop the proposed Ksh154 billion modernisation of Jomo Kenyatta International Airport (JKIA), ordering all parties to submit responses before a hearing set for next week.
In directions issued on June 19, Justice Gregory Mutai ordered the petition and application to be served on all respondents and interested parties by Friday evening, with responses due by June 22 before the matter is heard on June 23.
“In my view, the Petition and the Motion concern a matter of great public importance and deserve urgent consideration,” Justice Mutai said in the court documents.
The judge further directed respondents and interested parties to file and serve their responses by 5pm on June 22, with the application scheduled for an inter partes hearing on June 23 at 11:30am.
The case was filed at the Milimani High Court by the Consumer Federation of Kenya (COFEK) through its Secretary General, Stephen Mutoro, who is seeking conservatory orders to stop any further action on the airport redevelopment.
COFEK wants the court to prevent respondents from taking any steps that could create contractual, financial, proprietary or public obligations arising from the proposed redevelopment of Kenya’s largest international airport.
The petition also seeks orders requiring the preservation of all records related to the project, including agreements, approvals, financing arrangements, correspondence, land-use records and implementation documents.
According to the petitioner, the government has already begun the procurement process for the airport upgrade, yet key details about the consortium behind the project, financing structure, beneficial ownership and contractual obligations have not been made public.
The case also raises questions over reports linking a company reportedly associated with Zimbabwean businessman Wicknell Chivayo to the project, arguing that the nature of its involvement remains unclear.
Mutoro argues that unless the court intervenes, respondents could proceed with signing agreements, securing financing and committing public resources before the constitutional issues raised in the petition are determined.
The petitioner maintains that the planned redevelopment raises major constitutional concerns involving transparency, accountability, public participation, access to information, public procurement and prudent use of public resources.
The court action comes days after Transport Cabinet Secretary Davis Chirchir defended the airport modernisation programme, saying it would increase capacity from 7.5 million to about 22 million passengers annually.
Chirchir has also dismissed reports that the contract had already been awarded, insisting the procurement process remains ongoing and that some media reports contained inaccurate information.