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Transport CS Davis Chirchir Declines To Provide Necessary Adani Deal Documents While Appearing Before The Senate Committee

The controversy surrounding the proposed leasing of Jomo Kenyatta International Airport (JKIA) to Indian conglomerate Adani Group has reached new levels of intensity.

Transport Cabinet Secretary (CS) Davis Chirchir recently found himself in the hot seat, facing scrutiny from the Senate’s Roads and Transport Committee after he failed to provide crucial documents related to the deal.

This comes as allegations continue to swirl about other lucrative arrangements involving Adani Group in Kenya, including potential control of the country’s power sector and its Social Health Insurance Fund (SHIF).

Chirchir’s appearance before the committee was met with frustration and dissatisfaction.

His primary defense was that the matter was before the courts, and two court orders had been issued, preventing him from sharing the required documentation with the Senate.

He pointed out that the Senate Committee needed to determine whether proceeding with discussions would violate the sub judice rule, which prohibits public commentary on ongoing judicial proceedings.

“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,” Chirchir told the committee.

However, this explanation did not sit well with several senators, who interpreted it as a delay tactic in an already contentious situation.

Nairobi Senator Edwin Sifuna led the charge, questioning how Chirchir could attend such a critical session without bringing any documents.

“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?” Sifuna asked.

The deal between the Kenyan government and Adani Group has raised eyebrows due to the scale of the projects potentially involved.

While Chirchir confirmed that there is a privately initiated investment proposal from Adani Group to develop, operate, and transfer JKIA under the Public-Private Partnership (PPP) Act, the full scope of Adani’s involvement remains unclear.

Kisii Senator Richard Onyonka further stoked concerns by claiming that Adani had been offered a range of other significant contracts in Kenya.

According to Onyonka, these include supplying power through Kenya Electricity Transmission Company Limited (KETRACO), acquiring Kenya Electricity Generating Company (KenGen), and running the SHIF plan.

If true, these deals would give Adani substantial control over critical sectors of the Kenyan economy, leading to concerns about the concentration of power in the hands of a foreign company.

Senators were particularly frustrated with the lack of progress on the matter, given that the issue was first raised in the Senate on July 25, 2024.

Marsabit Senator Mohammed Chute expressed his impatience, questioning why, two months later, the necessary documents had still not been provided.

He criticized the Ministry for its slow response, remarking sarcastically, “Do we need a helicopter to bring those documents?”

Onyonka’s allegations added a new layer to the controversy, suggesting that the Kenyan government was considering handing over control of more public assets to Adani than just JKIA.

The senator pressed the CS to clarify not only the specifics of the airport deal but also the broader scope of Adani’s activities in Kenya.

“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.

Chirchir, in his defense, insisted that his ministry was not withholding any information.

He expressed his readiness to submit all relevant documents but requested more time to compile them, given the complexity of the matter.

He emphasized the importance of transparency, stating, “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 it’s paramount for us to communicate and explain this matter because there is a lot of information out there.”

The Senate committee remained firm, with Senator Karungo Thangwa, chair of the Roads and Transport Committee, ruling that the CS must submit all relevant documents and return to the Senate by Friday.

This decision underscores the growing pressure on the Ministry of Transport to be transparent and forthcoming about the details of the deal, particularly given the significant public interest surrounding the issue.

It is clear that the proposed leasing of JKIA and other potential agreements with Adani Group have sparked widespread debate.

Questions of national sovereignty, economic control, and public interest loom large, as Kenyans await clarification on the true nature and implications of the partnership between the government and Adani Group.

Whether this controversy will be resolved in a transparent and accountable manner remains to be seen, but the Senate’s persistence suggests that answers will be demanded sooner rather than later.