The High Court has declined to halt the Sh154.2 billion modernisation of Jomo Kenyatta International Airport (JKIA) but has ordered the government to disclose key contract documents within 21 days, following a constitutional petition by the Consumer Federation of Kenya (COFEK).
In a ruling in Petition E392 of 2026, Justice Gregory Mutai dismissed a preliminary objection challenging the court’s jurisdiction and refused to grant conservatory orders stopping implementation of the project.
The judge, however, directed the government to file and serve a further affidavit exhibiting the works contract and the notification of award within 21 days. COFEK and other parties will then have 14 days to respond.
The court also ordered the preservation of all records relating to the project—including approvals, agreements, correspondence, financial documents, project implementation records, and land-use data—pending determination of the main petition.
Justice Mutai noted that the case raises arguable constitutional questions on beneficial ownership disclosure, long-term public financial obligations, and the use of public land, which must be considered on their merits.
Why the Court Allowed the Project to Proceed
The judge observed that a works contract had already been executed, making requests to stop the signing of the deal overtaken by events.
He found insufficient grounds at this stage to suspend an already signed public works contract, warning that such an order could cause delays and additional costs without an established finding of illegality.
The petition remains pending and has been directed to be heard on a priority basis. The substantive issues around the legality and constitutionality of the procurement process have not yet been determined.
Background to the Challenge
COFEK, through its Secretary General Stephen Mutoro, filed the petition questioning the transparency of the project, the beneficial ownership of the successful tenderer, the consortium structure, financing arrangements, state obligations, and compliance with public procurement rules.
The consumer lobby had sought to stop further steps that could create contractual, financial, or public obligations until the issues were resolved.
Media reports had earlier raised questions about possible links involving the late Zimbabwean businessman Wicknell Chivayo (who died in a helicopter crash on September 30, 2026). The court noted that these claims were based on media publications and that no evidence had been presented linking him to the JKIA project.
The JKIA Modernisation Project
The government signed a design-and-build contract with China Road and Bridge Corporation (CRBC) on June 23, 2026.
The agreement was signed on behalf of the government by Principal Secretary for Aviation and Aerospace Development Teresia Mbaika and by CRBC General Manager Yu Xiaodong, in the presence of Roads and Transport Cabinet Secretary Davis Chirchir.
The project, based on the JKIA Master Plan completed in February 2026, includes:
- Construction of a new passenger terminal and supporting facilities
- Upgrading and modernisation of existing terminals and infrastructure
- Improvements to airside and landside operations
- Rehabilitation of airfield facilities
It is expected to raise JKIA’s annual passenger handling capacity from approximately 7.5 million to 22 million. Existing terminals are to be expanded to handle 12 million passengers, with the new terminal adding capacity for a further 10 million.
The government has stated that the contract award is not expected to exceed Sh154.2 billion, dismissing earlier higher figures that had circulated in some reports.
Financing and Project Oversight
Financing is expected to involve a combination of borrowing (up to around Sh100 billion) and government equity, with future airport revenues supporting the investment.
A Lebanese firm, Dar Al-Handasah Consultants, has also been appointed as the engineer-consultant to oversee design review, project management, and construction supervision.
The ruling allows work to continue while forcing greater transparency on a major public infrastructure project. COFEK has welcomed the disclosure order, describing it as an important step toward accountability on a strategic national asset.
The government has previously defended the project as necessary to ease congestion, improve efficiency, and strengthen Nairobi’s position as a regional aviation hub.
The petition will now proceed to full hearing once the contract documents are filed.