Kenya’s High Court Halts Ksh.95.68 Billion Power Deal Between KETRACO and Adani Group
The Nairobi High Court has put a stop to the agreement between Kenya Electricity Transmission Company (KETRACO) and Adani Energy Solutions, a division of India’s Adani Group.
This October 11 contract, worth Ksh.95.68 billion (USD 736 million), outlines plans for Adani to oversee the development, financing, construction, and operation of vital transmission lines and substations across Kenya.
The halt follows a petition filed two days earlier by the Law Society of Kenya (LSK), requesting temporary orders to pause the deal until the case is reviewed.
Classified as urgent, the petition criticized the contract as “a constitutional sham marked by secrecy and lacking integrity,” according to LSK.
The LSK argued that the government did not ensure adequate public participation and stressed that the issue carries significant public interest.
Court documents revealed LSK’s additional complaint that the government allegedly failed to conduct due diligence in compliance with the constitution and the Public-Private Partnerships Act.
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High Court Justice Bahati Mwamuye ruled that LSK’s petition met the legal requirements necessary to grant a temporary order suspending the KETRACO-Adani agreement.
Justice Mwamuye issued a conservatory order halting the project’s implementation, specifically blocking the named respondents from advancing any agreements related to the transmission lines, substations, or other electrical infrastructure in connection with Adani.
The judge further issued a conservatory order preventing any new agreements or extensions to existing ones between the respondents and Adani or any affiliated companies concerning the infrastructure projects.
The court also instructed LSK to serve all relevant documents to the respondents by Friday’s close of business and file proof of service.
Respondents were ordered to file responses to both the petition and application by November 8, 2024, and submit all case documents in hard copy to the court.
The court is scheduled to revisit the case on November 11, 2024, at 11 a.m.
Kenya’s High Court Halts Ksh.95.68 Billion Power Deal Between KETRACO and Adani Group
