The controversy surrounding the proposed leasing of the Jomo Kenyatta International Airport (JKIA) to Indian firm Adani Group deepened even further as Transport Cabinet Secretary Davis Chirchir failed to provide necessary documents before a Senate Committee.

This even as a Senator claimed there were contractual agreements between the Adani Group and the Kenyan government to enable the company to supply power in the country through Kenya Electricity Transmission Company Limited (KETRACO), acquire Kenya Electricity Generating Company (KenGen), and even run the new Social Health Insurance Fund (SHIF) plan.

Chirchir claimed he couldn’t provide the information before the committee as the matter was before the courts, the ministry having been issued two court orders on the issue.

According to the CS, the committee needs to rule on whether they would continue listening to the matter despite being actively litigated in the courts, and if that would be breaking the subjudice rule.

“I was advised by a technical team to seek your advice if we can continue with this matter while we have been served by court orders on this matter,” he told the committee.

While confirming that there is a privately initiated investment proposal request by Adani Group to develop, operate and transfer JKIA under the Public Private Partnership (PPP) Act, Chirchir said he would give documents and more information once the committee ruled on the matter.

Chirchir’s sentiments appeared to anger members of the Senate’s Roads and Transport Committee who said he was trying to run away from giving the necessary information considering the public interest in the deal had raised.

“How is it possible that even today as you walked in, you don’t have any documents to provide to the Senate? Are you saying that there is a court order preventing you from providing the documents to the Senate?” Posed Nairobi Senator Edwin Sifuna.

The committee admonished the CS for not supplying the documents since the matter was first raised on the floor of the House on July 25, 2024.

“I want to know why two months later I still don’t have this information. Let them explain to us why we don’t have those documents until now, do we need a helicopter to bring those documents?” Posed Marsabit Senator Mohammed Chute.

Kisii Senator Richard Onyonka, who had initially raised the matter on the floor of the Senate, threw a spanner in the works when he claimed that in the deal, there were plans to give Adani more Kenyan cooperatives to operate.

He challenged the CS to give information not only on the deal to develop and operate the airport, but also on other proposed initiatives.

“Adani has been given contractual arrangements for them to supply power in Kenya through KETRACO, and they are intending to take over KenGen and they will be the one running the insurance system for our healthcare SHIF,” claimed Onyonka.

The CS however defended the ministry insisting that they are not hiding any information, and that they are ready and willing to clear the air on the “misinformation” being circulated.

“It’s so important for us to be able to communicate to Parliament and to Kenyans on what documents we have, what is going on, where we are today because its paramount for us to communicate and explain this matter because there is a lot of information out there,” he told the Senators.

“We will be able to provide the documentation, it’s a lot of information but I would have expected that members would empathise and say take a day and submit all the documents. It would have been better if you gave us time to Monday or Tuesday because it’s a weighty issue.”

The committee chair, Senator Karungo Thangwa, ruled that all the documents must be provided and the CS appears before the Senate on Friday.