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Guyo filed his case at the Milimani Law Courts, seeking to nullify all agreements and proceedings associated with the project.
His main argument is that the project was initiated without adequate public participation and transparency, which he believes is a violation of the Kenyan Constitution.
Guyo's petition highlights several concerns about the project. He claims that the lack of public involvement and transparency in the deal infringes on constitutional requirements.
According to him, the project could potentially give Adani Group significant control over airport operations, including the authority to set user fees. This, he argues, could have serious consequences for both airlines and passengers, potentially leading to higher costs and reduced accountability.
In his court documents, Guyo asserts that the entire transaction, including all processes related to it, should be declared unconstitutional, null, and void.
He emphasizes that the exclusion of the public from the decision-making process is a severe breach of constitutional principles.
Guyo argues that transparency and accountability are crucial components of any public project, and their absence in this case renders the entire process flawed.
The proposed deal with Adani Airport Holdings Limited involves several contentious issues. Guyo points out that the project could lead to the transfer of significant control over JKIA's operations to the Adani Group.
This includes the power to determine user fees, which could impact the cost of using the airport for airlines and passengers.
Guyo also raises concerns about the financial aspects of the deal, including the aggressive required Internal Rate of Return (IRR) of 18 percent, the project hand-back mechanisms, and the overall financing structure.
Guyo's petition also questions the speed at which the transaction was processed. He suggests that the fast-tracked nature of the deal raises suspicions about its legitimacy.
According to him, the haste with which the project was approved and advanced points to a lack of thorough scrutiny and public consultation. This, he argues, undermines the credibility of the entire process and warrants judicial intervention.
The Kenya Airports Authority (KAA) has confirmed that it received an investment proposal under the Public Private Partnerships Act 2021 from Adani Airport Holdings Limited.
However, Guyo's petition argues that this proposal, and the processes associated with it, are unconstitutional due to the lack of public participation and transparency.
The petition filed by Guyo calls for the court to scrutinize the entire transaction and its implications. He urges the court to declare all agreements and proceedings related to the project null and void.
Guyo's legal action highlights the importance of public participation and transparency in public projects, especially those with significant financial and operational implications.
Guyo's concerns are not isolated. The proposed deal with Adani Airport Holdings Limited has sparked a broader debate about the management and control of JKIA.
Critics argue that granting a private entity significant control over such a crucial national asset could have far-reaching consequences. They emphasize the need for robust public scrutiny and accountability in any decision that affects the country's key infrastructure.
In addition to Guyo's petition, there have been calls for a parliamentary inquiry into the proposed deal. Some lawmakers have expressed concerns about the potential implications of the project and have called for a thorough investigation.
They argue that any decision regarding JKIA should be made with the highest levels of transparency and public involvement to ensure that it serves the best interests of the country.
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