The decision to press ahead with the Ksh154 billion Jomo Kenyatta International Airport modernisation project, awarding the massive contract to China Road and Bridge Corporation, is a blatant disregard for the rule of law that should send shockwaves through every Kenyan citizen.
This monumental deal was finalized and announced by Transport Cabinet Secretary Davis Chirchir on Tuesday, June 23, with the contract signed by Aviation Principal Secretary Teresia Mbaika and CRBC General Manager Yu Xiaodong.
Yet, this celebration of a “major national infrastructure investment” occurred while a High Court case challenging the very foundation of this project remains very much alive and active.
The government has effectively told the judiciary and the public that their concerns are irrelevant, choosing speed over integrity and secrecy over accountability.
The timing of this announcement is nothing short of an insult to the judicial process. Just days before the contract was signed, the High Court certified a constitutional petition filed by the Consumer Federation of Kenya (COFEK) as urgent.
This petition is not a trivial complaint; it raises fundamental questions about transparency, procurement procedures, and the lack of meaningful public participation.
Justice Gregory Mutai, in his directions issued on June 19, explicitly noted that the matter raises significant public importance and ordered all parties to file their responses.
Despite the court’s clear indication that this issue demands careful scrutiny, the government rushed to sign the deal, demonstrating a shocking level of contempt for the legal system that is meant to guard against abuse of power.
Transport CS Davis Chirchir, Aviation PS Teresia Mbaika, CRBC’s Yu Xiaodong, and other officials during the signing of the JKIA extension contract on June 23, 2026. Photo Courtesy | Davis ChirChir/X
What is the public actually being told about this Ksh154 billion expenditure? According to the government, the project will expand capacity, improve safety, enhance passenger services, and strengthen Kenya’s position as a regional hub.
The first phase will include a new terminal and upgrades, though notably, a new runway will have to wait for later phases.
The ministry claims the procurement process has been transparent, with over 40 firms participating in a pre-bid conference in April, followed by technical and financial evaluations.
But these are just words meant to pacify a restless population.
COFEK has rightly pointed out that critical information remains hidden from the public eye.
We do not know the details of the financing structure, the contractual obligations Kenya is binding itself to, the beneficial ownership of the involved entities, or even the full identities of the firms benefiting from this deal. In a country that has suffered from decades of opaque mega-deals, this lack of information is a dangerous red flag.
The government maintains that it has followed the law and that it is committed to transparency.
However, actions speak louder than press releases.
Signing a contract of this magnitude while a court has already flagged it as a matter of urgent public importance is not transparency; it is arrogance.
An aerial layout of the revamped JKIA upon completion. Photo | KAA
It sends a clear message that the executive branch considers itself above the law and that the concerns of citizens, as raised by consumer watchdogs, are merely obstacles to be bypassed.
This project holds the potential to transform Kenyan aviation, but that potential is now overshadowed by the stench of impropriety and the specter of a legal battle that could have been avoided.
