The Kenyan government has been given a final chance to present proof of the cancellation of a controversial energy infrastructure deal involving the Adani Group and the Kenya Electricity Transmission Company (KETRACO).
The matter was mentioned before Justice Bahati Mwamuye on Tuesday, where it was revealed that the state had yet to file the necessary documentation confirming the termination of the tender awarded to the Indian conglomerate. The court directed the respondents—particularly the first respondent, likely the Attorney General to file and serve their responses by August 1, 2025.
“This is the final opportunity for the respondents to comply. Failure to do so will see the matter proceed to a full hearing,” Justice Mwamuye ruled. The case will be mentioned again on October 27, 2025, when directions will also be given regarding the inclusion of interested parties.
The tender has drawn significant public interest since November 2024, when President William Ruto ordered the Ministries of Transport and Energy to cancel two major infrastructure deals involving the Adani Group—one at Jomo Kenyatta International Airport (JKIA) and another with KETRACO. The president’s directive followed concerns raised by civil society and oversight bodies regarding the transparency and legality of the agreements.
The Law Society of Kenya (LSK) subsequently filed a petition, challenging the deal’s constitutionality. LSK cited lack of public participation, insufficient due diligence, and the potential violation of key constitutional principles such as transparency, accountability, and prudent use of public resources.
The High Court had earlier issued a conservatory order, effectively suspending the implementation of the energy deal, pending the outcome of the petition.
As the legal battle unfolds, the government is under pressure to provide clear documentation that supports its claim that the deal was officially revoked. Failure to do so could cast further doubt on its commitment to upholding public interest in major infrastructure projects.
The outcome of the case could set a precedent for how future state contracts especially those involving foreign firms are scrutinized under Kenya’s constitutional framework.
