Kenyan President Ruto's recent decision to suspend contracts tied to the embattled Adani Group has sparked significant concerns, with many questioning the legality of the process. The move comes after the Indian conglomerate faced bribery charges in the United States, leading to a re-evaluation of its projects in Kenya.

The Adani Group had planned to invest $1.85 billion in Kenya's main airport in exchange for a 30-year management contract, along with a $736 million agreement with the energy ministry to build power lines. However, President Ruto's decision to terminate the contracts has raised concerns over transparency in public-private partnerships (PPPs), accountability for those responsible for flawed agreements, and the financial implications of termination, including potential breach of contract penalties.

In his State of the Nation address to Kenya's Parliament, President Ruto explained that his decision to terminate the Adani contracts was based on new evidence from local investigative agencies and information from partner states linking the conglomerate to corruption. While the announcement brought a sense of relief across Kenya, lawmakers have expressed concern over the potential consequences of terminating the already signed contracts.

Lawmakers, such as Narok Senator Ledama Olekina, have emphasized the need for public participation and full disclosure on PPPs. "It is important for the government to carry out public participation and have full disclosure on PPPs. I am happy that the JKIA deal had not been signed, but I’m concerned about the Ketraco deal if there is any agreement that had been reached," Olekina said.

Other lawmakers, like Timothy Kipchumba, the MP representing Marakwet West, have called for accountability following the cancellation, stating that those responsible for the irregularities leading to this decision must be held legally accountable. "I sincerely thank the President because he listened to Kenyans who have said that we do not associate ourselves with this Adani deal. Going forward, the question is this: this deal has been cancelled, and there will be consequences for breach of contract. Those involved in the irregularities leading to this cancellation must face the law and be answerable to this country," Kipchumba said.

Kenya's Law Society (LSK) has also joined the call for greater transparency, urging the President to disclose the full financial implications of the canceled public-private partnership (PPP) agreements involving Adani Group subsidiaries. LSK President Faith Odhiambo expressed support for the President's directive but emphasized the importance of accountability. "We call upon the government to make public all the costs and losses incurred and ensure that appropriate measures are undertaken to minimise losses to the country," she said.

The LSK raised several concerns about the controversial deals, pointing to breaches of statutory and procedural requirements during the procurement process. Odhiambo stated that the contracts were awarded to Adani Group subsidiaries in apparent violation of the Public-Private Partnerships Act, leading the society to file legal challenges against the agreements on September 9 and October 23, 2024.

The implications of this decision are far-reaching, with potential consequences for Kenya's economy and its reputation in the global business community. As the country navigates this complex situation, it remains to be seen how the government will address the concerns raised by lawmakers, lawyers, and the public at large.

In the meantime, the cancellation of the Adani Group contracts serves as a stark reminder of the need for transparency, accountability, and due diligence in public-private partnerships. As Kenya moves forward, it is essential that the government prioritizes these principles to ensure that future agreements are fair, transparent, and in the best interests of the Kenyan people.