A legal battle is brewing over the proposed upgrade of Jomo Kenyatta International Airport (JKIA) by Indian conglomerate Adani Airport Holdings Limited.

Isack Lango Guyo has filed a petition in the Milimani Law Court seeking to halt the project, arguing that it was conceived without public input and is therefore unconstitutional.

The petitioner contends that the entire transaction, including the privately initiated proposal and its attendant processes, is "unconstitutional, null and void," as stated in the court documents.

"This court declares the entire transaction including the privately initiated proposed by Adani Project Holdings and all the attendant processes related thereto as unconstitutional ,null and void," reads court papers

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He asserts that the project's development has been marred by severe breaches of the constitution, primarily due to the exclusion of the public from the decision-making process and the absence of transparency and accountability.

Guyo's petition extends beyond the current project, seeking a court order to prevent the government from entering into future public-private partnerships involving JKIA or any other strategic national asset without adhering to constitutional principles of transparency, accountability, and public participation.

Amidst these legal challenges, Prime Cabinet Secretary Musalia Mudavadi has clarified the government's position on the Adani proposal.

In a statement, he emphasised that no agreement has been reached with the Indian firm, despite speculation surrounding a potential sale of JKIA.

Mudavadi confirmed that the government is currently reviewing the proposal, which was submitted under the Public-Private Partnership (PPP) framework in March 2024.

The proposed JKIA upgrade encompasses a range of ambitious developments, including the construction of a new passenger terminal, refurbishment of existing terminals, development of a second runway, and enhancement of cargo handling facilities.

As the legal proceedings unfold, the fate of the JKIA project hangs in the balance, with implications for both the government and Adani Airport Holdings Limited.