BY SAM ALFAN.
The government wants a case filed by activist Tony Gachoka and others challenging bid to lease the Jomo Kenyatta International Airport (JKIA) to Adani Group dismissed, arguing that the petition has been filed in the wrong forum.
In reply to the petition, the Private Public Partnership (PPP) Directorate, Private Public Partnership committee, CSs Treasury and Transport CS as well as the Attorney General argued that the High Court has no jurisdiction to handle the matter.
In the objection filed in court, the government said the petitioners should have exhausted the available dispute resolution mechanisms before rushing to court.
Through city lawyer Dennis Mosota, the government said a complaint should have first been filed before the petition committee before being escalated to the High Court as an appeal.
“This Court lacks the jurisdiction to hear and determine the present Application by dint of Section 75 of the Public Private Partnerships Act, (CAP 430) that establishes the Petition Committee which shall hear and determine petitions regarding any decision by the Committee, Directorate or a contracting authority under the Act,” lawyer Mosota told Justice Bahati Mwamuye.
He told the court that Gachoka and Mt Kenya jurists have failed to exhaust the dispute resolution mechanisms stipulated in the law and therefore, the Court should invoke Section 9 (2) of FAAA and dismiss the application.
Lawyer Mosota told the court that Section 75 of the Public Private Partnerships Act (CAP. 430) establishes the Petition Committee and provides: “There is established a committee to be known as the Petition Committee which shall hear and determine petitions regarding any decision by the Committee, Directorate or a contracting authority under this Act.
Lawyer Mosota submitted that the petition Committee is the competent forum to determine the issues raised by the applicants and not the Court.
The case will be mentioned on January 29.
