The High Court has declined to stop the Sh154.2 billion upgrade of Jomo Kenyatta International Airport (JKIA), but has ordered the government to file the contract and the notification of the tender award within 21 days.
Justice Gregory Mutai made the orders in a petition filed by the Consumer Federation of Kenya (Cofek), which had sought disclosure of the project’s details and the suspension of planned construction, the Daily Nation reported on Saturday.
The judge also dismissed the State’s request to strike out the petition and directed public agencies to preserve all records on the project. These include approvals, agreements, resolutions, correspondence, financing records, implementation documents and land-use records relating to the design, development and modernisation of the airport.
Arguable questions, but no grounds to stop work
The court found that Cofek’s case raises questions that deserve a full hearing, but said there were insufficient grounds to suspend the project at this stage.
“The petition raises an arguable question of the disclosure of beneficial ownership and long-term public finance obligation in a project of this magnitude, deserving determination of the full hearing,” Justice Mutai said.
He weighed the cost and delay that a suspension could cause against the absence of established proof of illegality. “The public interest is not served merely by the uninterrupted progress of a project,” he said.
Cofek’s petition cites media reports alleging links between the late Zimbabwean businessman Wicknell Chivayo and IMC Construction Kenya Ltd, one of the interested parties. The court said the allegation had not been backed by evidence before it.
“The allegation concerning consortium structure, beneficial ownership and participation of a particular individual rests on press reports. These reports are not exhibited,” the judge said. “I also note that there is no specific act or omission pleaded against the interested parties in the petition.”
State’s objection rejected
The Attorney-General had described the case as premature and based on media reports rather than verified evidence.
Justice Mutai rejected the objection, finding that the Public Procurement Administrative Review Board (PPARB) could not determine every issue in the case. “The PPARB is not an answer to the entire petition, as only candidates or tenderers can request review; the petition also raises beneficial ownership, long-term public finance obligations and public land issues,” he said.
The court said claims that Cofek had not formally requested the information before going to court would be dealt with at the substantive hearing.
What the project involves
The upgrade covers rehabilitation of existing facilities, including runways and aprons, and construction of a new passenger terminal to raise the airport’s annual capacity to 22 million passengers from 7.5 million.
The Ministry of Roads and Transport said on June 23 that the government had signed a Sh154.2 billion design-and-build contract with China Road and Bridge Corporation (CRBC), the firm behind the Standard Gauge Railway and the Nairobi Expressway. The ministry said procurement followed completion of the airport master plan in February 2026, with more than 40 companies attending a pre-bid conference in April.
Cofek went to court in June, questioning the disclosure of contractors’ beneficial ownership, consortium arrangements, financing terms, public financial obligations and the procurement process.
The respondents in the case are the Roads and Transport Cabinet Secretary, the Kenya Airports Authority, the National Treasury and the Attorney-General. China Communications Construction Company, CRBC and IMC Construction Kenya Ltd are named as interested parties.
The ruling allows work to proceed while the petition is heard in full.
