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{
    "id": 1495217,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1495217/?format=api",
    "text_counter": 101,
    "type": "speech",
    "speaker_name": "Mr David Chirchir",
    "speaker_title": "The Cabinet Secretary for Roads and Transport",
    "speaker": null,
    "content": "I want to confirm that all engagements between the Government of Kenya and Adani were suspended by a court order issued on 9th September 2024 in HCJR/E199/2024 Kenya Human Rights Commission (KNCHR) and the Law Society of Kenya (LSK), Kenya Airports Authority (KAA) and four others. The Court issued a conservatory order prohibiting any person from implementing or acting on the privately initiated proposal for the development and operation of JKIA by Adan Holdings Limited pending the Court's hearing and determination of this application. Therefore, no concession agreement has been executed between the Government of Kenya and Adani. As I answer the following questions, I seek the Hon. Members to appreciate the process of concessioning a Private Initiated Proposal (PIP). We just stopped midway through the process of developing and signing the concession agreement. We are going through the court process and using that as a public participation process to ensure that we provide all the information and ensure that all Kenyans are fully apprised of this new investment platform that will bring in foreign investments and help us to grow some of our infrastructure that we need to develop. The second question required me to state the details of any consultation and public participation and the engagements that have been undertaken. By the time we got to the halt, we had a stakeholder engagement programme. We already had a formal engagement with the Kenya Airports Authority (KAA) senior management stakeholders on 15th August 2024 at the JKIA Head Office Boardroom, which was properly scheduled. We had stakeholder engagement meetings with the KAA and JKIA section heads on 19th August 2024 at the JKIA Carriage Rooftop Conference Room. Additionally, we had a JKIA staff engagement meeting held on 20th August 2024 at the JKIA Presidential Pavilion. We have also held engagements with the Kenya Aviation Workers Union (KAWU) stakeholders; the meeting was held on 20th August 2024 at the JKIA Conference Room. We also held a stakeholders’ engagement meeting with the Kenya Civil Aviation Authority (KCAA) on 26th August 2024 at KCAA Headquarters. We also had engagements with the Kenya Airways stakeholders’ engagement meeting held on 26th August 2024 at Kenya Airways Headquarters Pride Centre, Embakasi. We had an engagement with JKIA concessionaires, retailers and all business owners' engagements in a meeting held on 28th August 2024 at Eka Hotel. We engaged with Kenya Associations of Air Operators in a meeting held on 29th August 2024 at Four Points by Sheraton Nairobi Airport. Finally, we had engagement meetings with the JKIA airline air operators, ground handlers, the Government of Kenya agencies and cargo handlers on 30th August 2024 at Emara ole-Sereni. The public participation plan was to be developed. However, this process has been put on hold following the conservatory orders issued by the honourable Court in judicial review case number HCJR/E199-2024, which has, in turn, suspended the implementation of the proposed project. On the clarification on whether there is full compliance with the provisions of Article 10(2) of the Constitution on the principles of governance, including but not limited to upholding good governance, integrity, transparency, and accountability in the discussions on the proposed transfer of management of JKIA, there has been full compliance until we stopped the concession through a PIP process. It is not like the Public Procurement and Disposal System (PPDA). It is a whole process. I want to confirm compliance with Article 10(2) of the Constitution, strict adherence to the Public-Private Partnership Act, and guidelines issued by the Public-Private Partnership Directorate and Committee. Good governance, integrity, transparency and accountability have been adhered to through due diligence. In our due diligence, we found out that up to the time when we got the orders, Adani Holdings Limited has not been debarred in any country, has not been engaged in acts of corruption, is not insolvent, is tax compliant in all jurisdictions in which it has local tax"
}