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The High Court yesterday allowed the Azimio La Coalition to join a lawsuit contesting the controversial lease of Jomo Kenyatta International Airport (JKIA) to the Adani Group. 

Justice Bahati Mwamuye's decision allows the coalition, which includes key political parties like Wiper Democratic Movement, Jubilee Party, and Democratic Action Party of Kenya, under the leadership of Kalonzo Musyoka, Jeremiah Kioni, and Eugene Wamalwa respectively, to file a formal challenge to the legality of the deal. 

On Monday, Kalonzo, representing the coalition, passionately urged the court to allow the political parties to be formally enjoined as petitioners. 

"Your Honour, I kindly request that Wiper, Jubilee, and the Democratic Action Party be included in this matter. Given the irregularities surrounding this deal, it is prudent for us to participate in this critical issue," pleaded the Wiper boss.

Lawyer Mugai Kibei, representing activist Tony Gachoka and a group of Mount Kenya lawyers, voiced their support for the coalition's inclusion.

"Given the public interest in this matter, it would be fair to allow amendments to the petition. We are ready to make necessary changes within ten days," Kibei stated while advocating for the coalition's involvement to ensure a comprehensive examination of the lease. 

Kalonzo's request was also supported by Lawyer Ndegwa Njiru who emphasised that the coalition's participation was crucial, echoing the sentiment that the case merits thorough scrutiny. 

"We urge the court to grant orders preventing the government from executing the deal until this lawsuit is resolved," Njiru argued, citing procedural and constitutional concerns. 

The Kenya Airports Authority (KAA), represented by State counsel Kiragu Kimani, opposed the request for conservatory orders, claiming they had not yet been served with the petition.

"Granting any orders at this stage would lead to conflicting rulings since there exists another matter pending before Judicial Review Division filed by Law society of Kenya and there is a stay order," Kimani warned, highlighting the complexities surrounding the lease agreement.

Meanwhile, James Ochieng Oduor, representing Airport Infrastructure PLC, confirmed that they too had not received the petition but did not oppose the coalition’s inclusion. 

"We acknowledge the importance of the issues raised and support the amendment of the petition," he said. 

Lawyer Fred Ngatia, representing the Transport Workers Union, welcomed Azimio's request, stressing the urgency of the matter. 

"Time is of the essence. This deal has been in the process for three months, and we need clarity on its validity," he insisted, urging the court to set a swift timeline for the proceedings.

Justice Mwamuye, after careful consideration, allowed Azimio's request to join the lawsuit, setting a deadline for the coalition to file their formal petition by September 30. 

The judge also granted the initial petitioners the opportunity to amend their suit and introduce new evidence, emphasising the importance of a comprehensive legal examination of the lease agreement.

Additionally, Justice Mwamuye directed both KAA and the Adani Group to respond to the lawsuit by October 10, 2024, with a mention scheduled for October 17. 

It is alleged that the lease agreement with the Adani Group that was finalised in July, promises extensive upgrades to JKIA, including new terminal constructions and improved facilities, with a projected investment of approximately $2.05 billion (Sh 266.5 billion)

However, the petitioners have raised serious objections regarding the legality and transparency of the deal. 

They argue that the negotiations were conducted without sufficient public consultation and lack the necessary parliamentary approval, which they claim is vital for significant transactions involving national assets.

Gachoka, alongside the Mount Kenya lawyers, has characterised the lease as shrouded in secrecy, asserting that it poses a threat to Kenya’s sovereignty and economic stability. 

“The government is poised to sign a concealed concession agreement that alienates JKIA for 30 years,” Gachoka warned, highlighting fears that such an arrangement could compromise national security.

The petitioners have underscored concerns about the potential long-term repercussions of leasing a strategic national asset to a foreign entity.

They argue that punitive terms within the lease could impose significant financial burdens on Kenya in various scenarios, including defaults or civil unrest. 

This arrangement has been described as a “well-orchestrated scandal” and a manifestation of “legalised corruption,” jeopardising the interests of Kenyan citizens.

Seeking a declaration that the lease violates constitutional principles of public participation and sustainable development, the petitioners demand that the court prevent any execution of the deal until all legal challenges are resolved. 

They argue that such critical decisions regarding national assets require robust public engagement and transparency to safeguard Kenya’s sovereignty. By Nancy Gitonga, The Standard

President William Ruto with Ford Foundation's President, Darren Walker in New York.[Ruto, X]

Months after linking the Gen Z protests to the Ford Foundation, President William Ruto has met with the Foundation's President, Darren Walker, in New York.

Ruto shared images of the meeting on X, lauding the Ford Foundation for supporting democracy in Kenya.  

"Kenya appreciates the Ford Foundation’s commitment to safeguarding our democracy and supporting our calls for reforms in global economic institutions, climate action, and modern technology regulation," said Ruto. 

Former Prime Minister Raila Odinga and Prime Cabinet Secretary Musalia Mudavadi were also present at the meeting.

In July, at the height of the Gen Z-led protests in Kenya, the government accused the Ford Foundation of sponsoring the violence, though they provided no evidence. 

The government even threatened to expel the American organisation from the country.  

"I want to call out those behind the chaos in Kenya. Shame on them for funding violence against our democratic nation. I ask the Ford Foundation—how does funding violence benefit them?" Ruto said at the time. 

Days later, the Foundation denied the accusations, listing at least  401 Kenyan grantees who had received funding between 2006 and 2024, none of whom had criminal records.

Foreign Affairs PS Korir Sing'oei also met with a Foundation delegation led by Martin Abregu, Vice President for International Programs, to discuss concerns raised in a July 18, 2024 letter to the Foundation's president.

 

“During our candid discussions, I emphasised Kenya's commitment to fostering a robust civic space that encourages citizen engagement in governance,” Sing'oei said.

In the letter, the PS noted that some organisations funded by the Ford Foundation were involved in anti-government protests.  

"It is noteworthy that several of your grantees received a total of Sh752 million between April 2023 and May 2024, with an unexplained expedited funding of Sh194 million over the past month," the letter stated. After the Kenyan government's accusations, Ruto’s meeting with the Ford Foundation now raises eyebrows. By Mate Tongola, The Standard

 
The African Caribbean Carnival entertains crowds in Middlesbrough (Image: ae.adeboyejo)

The return of Taste of Africa Northeast's African Caribbean Carnival Parade was extra special this year bringing hope and joy to a town blighted by riots last month.

"We brought Middlesbrough town centre to life with a vibrant carnival celebration, and the energy was unbelievable," said Junior Masandi, trustee of Taste of Africa Northeast and event organiser.

He said: "It was especially meaningful to deliver this event just a month after one of the worst racially aggravated attacks in the town centre, showing how strong our community's unity and resilience can be.

"A massive shout out to all the brilliant groups who created those stunning costumes and made the parade unforgettable. And a big thank you to our host Nathan James, the amazing performers, and our hardworking team and volunteers – you all made this day happen!

"Middlesbrough, thank you for showing up with so much love, colour and excitement." The popular parade weaved its way through the town centre last Saturday to the delight of the crowd gathered to see the dazzling costumes with their brightly coloured feathers and towering headpieces, music and dancing.

Entertainment was hosted by MC Nathan James with performances from DJ Jason, Sturge, Manup D Gee, Bantu Arts, Supreme Brass Band, Hilaire & Robert Maseko, and the Queen of Umzansi. Junior added: "We had it all – from fantastic food stalls bursting with flavour, to amazing arts and crafts and fashion that added even more flair. And let's not forget the balloon maker that everyone loved."

The family-friendly event's theme was 'Coming of Age' and was the third carnival parade organised by Taste of Africa Northeast. The carnival kickstarted the charity's Black History Month events and united the whole community to celebrate the diversity of our region.  By Sue Kirby, Teesside Live

While the cultural diversity of South Sudan was on show through the vibrant and energetic performances of multiple ethnic groups at an International Peace Day event in Juba, it was the collective desire for peace, democracy and a brighter future that attracted most attention.

Nineteen-year-old performer, Everlyne Batista, described her participation as an opportunity to put the trauma of conflict behind her and embrace feelings of unity and hope.  

“With peace, I can go to school, I can live without the stress I had before, including losing my relatives. That is the good news of the peace that I am enjoying now, even though everything is not all well. I want peace in South Sudan.”

Politics dominated discussions among the country’s leaders, civil society, and international peace partners at the event, particularly the extension of the transitional period of the government and postponement of elections for further two years.

Wearing a hat with the slogan, ‘peace is a right not a privilege’, civil society representative Edmund Yakani gave a fiery speech about the impact of the decision on the people of South Sudan.

“Unfortunately, we have seen our political leaders, and their various political establishments tend to treat peace for us as a privilege,” he said.

“Peace is not the responsibility for politicians to use it and keep us suffering in this economic crisis that we are in,” he said to applause from the crowd. “You have the responsibility, as our leaders, to make peace prevail in this country.”

“We are not suffering because peace requires the presence of donors. We are suffering because we need political leaders to say enough is enough to violence. Why are they spending millions of dollars to fight and buy guns, why can we not spend millions of dollars on ensuring the peace agreement is delivered?” said Edmund Yakani, from the Community Empowerment for Progress Organization.

The representative of the European Union described why it had not supported a resolution to extend the transitional period at a recent meeting between political leaders and peace partners.

“This was not a vote against the peace agreement. It was not a vote against peace. It was a signal of frustration and a message that this can’t be business as usual. A transition cannot go on forever,” said Ambassador Timo Olkkonen. “We need to see South Sudan, in the interests of peace, moving forward with its transition, forward with its democratization, forward with listening to its people in the formation of a permanent constitution. It is a question of a social contract and nation building,”

“We all want the country to go for elections, but we want to see elections that are peaceful, above all, transparent, free, fair and inclusive. When we evaluated, we found that this is not going to be possible,” explained keynote speaker, First Vice President, Dr. Riek Machar Teny, citing numerous reasons for the extension, including the need to finalize the unification of forces, ensure the return of millions of South Sudanese refugees, resolve intercommunal conflict, determine the governance system, and agree on a permanent constitution.  

“These are the reasons why we decided it is best to extend for a period of 24 months. It is not for being in power. Many of us want to see the people of South Sudan elect their leaders but in an environment which is conducive for them to exercise their right. If we drive them into an election which is not conducive, in the end, we will be blamed for this because we know our people.”

The First Vice President pointed to the challenges facing the country, including the spillover of the Sudan conflict and a lack of revenue. He repeatedly stressed that financial support will be needed to implement the peace agreement and deliver elections.

On behalf of the Troika (Norway, the United Kingdom and United States), the United Kingdom Ambassador, Guy Warrington, expressed deep disappointment and frustration at the persistent failure to implement key benchmarks in the agreement, despite the international community providing significant financial and other support for many years.

“Peace remains our priority. It drives everything we do,” he said. “We, the Troika, remain convinced that peace can best be secured through legitimate and peaceful elections and that South Sudan’s leaders bear a collective responsibility to act with urgency to create the necessary conditions for such elections to take place.”

 The Special Representative of the Secretary-General and Head of the United Nations Mission in South Sudan, Nicholas Haysom, pointed to this year’s theme: “Nurturing a culture of peace: our collective responsibility” as particularly relevant to the current situation.

“This theme reminds us that peace can only be achieved or secured together and it can only be sustained when there is a political will, a common purpose and shared aspirations. In my view, South Sudan still has some work to do to develop those shared ambitions to cherish its collective aspirations,” he said.

 “While this means that the people of this country are, yet again, being asked to show their patience in waiting for the long-promised peace and democracy benchmarks, this development does recognize the risk of renewed conflict, and the political vacuum caused as a result of the want of electoral preparations,” said Mr. Haysom. “But it also allows further opportunity for nation building and we recognize that the mountain that must still be climbed is steep. Urgency is required. Not a pause.”

Acting Minister of Peacebuilding, Losuba Wongo, acknowledged the collective responsibility for peace.

“Every individual has a role to play in nurturing peace in our communities and our hearts. Every act of kindness, every effort to understand each other and every dialogue brings us closer to lasting peace,” he said. “We have endured too much hardship, displacement and loss of life, yet amongst those challenges, we have demonstrated incredible strength and unity. Peace is not merely a dream; it can be achieved together”  UNIMISS

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