The government must make public key contractual details of the Sh154.2 billion Jomo Kenyatta International Airport (JKIA) redevelopment within 21 days after the High Court declined to stop the project, setting the stage for a legal battle over procurement, company ownership, financing and the use of public land.
In his ruling, Justice Gregory Mutai found that the evidence presented did not justify suspending the airport upgrade.
However, he said the issues raised in the petition were serious enough to require a full hearing, particularly concerns about the ownership of the companies involved and the potential financial responsibilities facing the government.
The court directed the State to release the project contract and tender award details within 21 days. Other parties to the case have been given 14 days to submit their responses.
Justice Mutai also rejected the government's request to have the petition struck out, allowing the challenge to the project's legality and transparency to proceed.
Public agencies were ordered to retain all records connected to the redevelopment. These include project approvals, agreements, official correspondence, financing and implementation documents, as well as records relating to land use.
The ruling comes amid questions raised by the Consumers Federation of Kenya (Cofek), which filed the petition in June 2026 seeking scrutiny of the airport's planned transformation.
Cofek challenged the transparency of the procurement process and sought information on the beneficial ownership of the companies involved, the structure of their consortium, the terms of financing and any possible financial obligations that could fall on the public.
The case names the Cabinet Secretary for Roads and Transport, the Kenya Airports Authority, the National Treasury and the Attorney-General as respondents. China Communications Construction Company, China Road and Bridge Corporation (CRBC) and IMC Construction Kenya Ltd are listed as interested parties.
The court also considered allegations linking the late Zimbabwean businessman Wicknell Chivayo to IMC Construction Kenya Ltd.
Justice Mutai said the claims were based on media reports that had not been presented as evidence in court.
"These reports are not exhibited" he said, adding that no specific wrongdoing had been pleaded against the interested parties.
The judge's decision means the redevelopment can move forward even as the court prepares to examine the concerns raised in the petition. He held that suspending the project would not be justified without sufficient evidence of illegality.
The legal dispute follows an announcement by the Ministry of Roads and Transport on June 23 that the government had signed a Sh154.2 billion design-and-build agreement with CRBC.
The company has previously undertaken major infrastructure projects in Kenya, including the Standard Gauge Railway, Nairobi Expressway and Rironi-Mau Summit toll road.
The ministry said the procurement process for the airport redevelopment followed the completion of JKIA's master plan in February 2026.
The proposed works will cover the rehabilitation of existing airport infrastructure, including runways and aprons, alongside the construction of a new passenger terminal.
The government expects the redevelopment to increase the airport's annual passenger-handling capacity from 7.5 million to 22 million.
The expansion is part of efforts to strengthen Kenya's position as a regional aviation hub at a time when Ethiopia and Rwanda are also investing in airports to attract air traffic and compete for a larger share of the regional aviation market.
During the proceedings, the Attorney-General argued that Cofek had brought the case prematurely and relied on media reports instead of verified evidence to support its claims.
The State further argued that the organisation had not formally requested the information before filing the petition.
Justice Mutai ruled that these arguments should be considered during the hearing rather than used to dismiss the case before the issues had been fully examined.
He also explained that the Public Procurement Administrative Review Board could not settle the entire dispute because its review process is available only to tenderers seeking to challenge procurement decisions.
The judge said the petition raised constitutional issues involving beneficial ownership, public financial obligations and the handling of public land.
He added that the public interest required the government to disclose the relevant information, while maintaining that there was no sufficient basis to suspend the project without proof of illegality.
The court's orders leave the planned JKIA upgrade on course while placing the government under a deadline to disclose the contract and tender award. The wider legal challenge will now proceed to a hearing, where the questions surrounding the project's procurement, ownership and financial arrangements will be examined.