The Kenya Electricity Transmission Company (KETRACO) has been barred by the High Court from proceeding with the Ksh 95.68 billion power deal with Adani Energy Solutions until a petition led by the Law Society of Kenya is heard.
This follows the issuance of a conservatory orders by Justice Bahati Mwamuye suspending the implementation of any project agreement between KETRACO and Adani Energy Solutions who are the 1st and 2nd respondents in the case.
Energy and Petroleum Cabinet Secretary Opiyo Wandayi announced the signing of project agreement between the two companies on October 11, 2024 terming the power project as a ‘national priority’.
The deal would allow the firm which is a subsidiary of Adani Group to develop, finance, construct, operate and maintain the key transmission lines and substations for a period of 30 years.
In the petition filed on October 23, 2024, LSK sought conservatory orders for the suspension of the project agreement signed between KETRACO and Adani Energy Solutions on grounds that the deal was done in secrecy and lacked integrity, transparency and openness and accountability.
LSK also faulted KETRACO for not conducting meaningful public participation on the proposal and for not conducting due diligence on the proposal.
“Upon a preliminary consideration of the matter and materials placed before this Court in light of the applicable provisions of the Constitution, Statute and Caselaw; I am satisfied that the Petitioner/Applecant has met the legal threshold for the grant of interlocutory conservatory orders ex parte,” said Justice Mwamuye
The project involves 400kV Gilgil-Thika-Malaa-Konza Line with a length of 208.73 km with substations at Gilgil, Thika, and Malaa, and Konza, a 220kV Rongai-Keringet-Chemosit Line which covers 99.98 km, and substations at Rongai, Keringet, and Chemosit.
Adani Energy would also construct a third power transmission line which is a 132kV from Menengai,Ol Kalou and Rumuruti covering 89.88km and includes three substations in each town.
Other project components are 400/220kV substation at Lessos and another 132/33kV substation at Thurdibuoro enhance power access and stability.
In the orders issued on Friday, Justice Mwamuye has also barred KETRACO from entering any new agreement or furthering any existing agreements.
The matter in now set for mention on November 11, 2024.
