Wednesday, November 13, 2024 – President William Ruto is likely to suffer a setback in his bid to engage Adani Holdings to revitalize Jomo Kenyatta International Airport (JKIA) and the Energy sector.
This is after Katiba Institute
moved to court to challenge the Private Public Partnership Act of 2021 which
Ruto used to single-handedly give lucrative tenders to Adani.
According to Court documents
filed by Katiba Institute, the Public Private Partnership Act is
unconstitutional as it omits parliament's oversight and approval processes.
The lobby argues that the Act
undermines the constitutional framework for checks and balances thus leaving
room for opaqueness.
''PPPs are an aspect of public
expenditure that Parliament has the constitutional authority to approve and
oversee. Therefore, the PPP law is unconstitutional because it excludes
Parliament from the approval and oversight of PPPs,’’ Katiba Institute argued.
The lobby said with such
omissions, the Executive is likely to hide key transparency requirements in its
engagement with private developers as the tendering provisions in the act are
not stipulated.
Katiba Institute, in its
petition, wants the Judiciary to issue an injunction barring the government
from continuing to engage with private companies to push for its key
infrastructural ideas.
Consequently, Katiba Institute
told the court that the 30-year period for private developers to manage
development projects is likely to burden Kenyans with a lot of debt that would
have far-reaching effects.
Should the court issue an order
stopping the implementation of the Act, the government is likely to suffer in
its quest to lessen the financial burden of developing the country’s key
infrastructure.
The Kenyan DAILY POST
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