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Nelson Amenya, the whistleblower who exposed the controversial Adani takeover of Jomo Kenyatta International Airport (JKIA), is living in fear.
The Master of Business Administration (MBA) student at a French University has been receiving threats since he revealed details of a contract that could leave Kenyan taxpayers facing exorbitant compensation claims and tarnish the country’s international reputation due to “Adani Group’s controversial business practices.”
“I was warned by international journalists in France and other places that Adani would use various means to intimidate me, and I have to be careful. I’ve been attacked, trolled, and threatened by bloggers from India for defending my country,” Amenya told The Standard yesterday adding, “It would be hard for me to come to Kenya.”
Amenya, 30, a former manager at a multinational company in Kenya, left the country in pursuit of better opportunities.
Last week, he received a letter from Kenya’s Directorate of Criminal Investigations (DCI) informing him that his company was under investigation.
This came two months after he began exposing the Adani documents online, detailing terms that include sole control over JKIA, the power to amend Kenyan laws, and restrictions on competition, which would undermine Vision 2030 and limit the development of other Kenyan airports.
“I send my lawyers and the police said they are investigating fraud that my company is involved in cryptocurrency, something we have never done,” Amenya said.
Courtesy of Amenya’s outpouring of confidential information about the deal between the government and Adani group, Kenyans now know that if the deal is disrupted due to protests or unfavorable parliamentary actions, Adani is entitled to compensation for lost returns and investment costs. These disruptions, classified as “Material Adverse Government Actions (AGA),” could also trigger the termination of the agreement, leading to hefty payouts to Adani.
The contract allows Adani to terminate the deal if the government fails to protect its business interests, including covering debt, equity, and redundancy costs. Disputes will be resolved through international arbitration in London.
“When I received the documents in July, I was told the JKIA deal would be signed in weeks. And that’s when I created time and went loud on it,” he said
Adani aims to increase airport charges to maximise returns, the deal says. And that the government would be responsible for all losses, regardless of the cause, and Adani would enjoy unlimited access to land, tax exemptions, and the authority to set and collect levies across the airport. The agreement significantly reduces the government’s role in key airport operations, while Adani would have the power to manage a percentage of Kenya Airports Authority (KAA) staff.
Adani would also benefit from government funding and would have the sole and exclusive right to determine, invoice, collect, retain, and appropriate fees from users for all services. The firm may repatriate any of its earnings to countries outside Kenya, subject to the payment of concession fees to the authority.
“There are many red flags in this deal, and Kenyans will lose a lot. The president (William Ruto) should listen to Kenyans,” Amenya said yesterday.
In the letter, which Amenya made public, the head of the Serious Crimes Unit requested several documents from his company, including a certified copy of the certificate of incorporation, the Articles and Memorandum of Association, and the names and contacts of the registered directors and founders.
On Tuesday, Kisii Senator Richard Onyonka accused the government of trying to intimidate Amenya for exposing the deal.
“In my capacity as an elected senator, I have maintained constant communication with the whistleblower. This informed a statement I presented on the Senate floor on July 17, 2024, directed to the Committee on Roads and Transportation. On August 1, the committee summoned him to provide further details about the Adani-JKIA takeover,” Onyonka said.
Onyonka further claimed the DCI’s request for documents from Amenya was a tactic aimed at silencing him. He argued the requested documents could easily be obtained from the Business Registration Service (BRS).
“I have reliable information that Afrinet Carbon Limited is linked to the whistleblower of this controversial deal. The DCI’s letter is part of a politically motivated witch hunt,” Onyonka stated.
Amenya quit his high-ranking position in Kenya to pursue an MBA at HEC Paris, one of the world’s leading business schools. He made the bold move to gain expertise in strategic management and sustainable development.
Since starting his program in September 2023, Amenya has been immersed in intense coursework, learning alongside a diverse cohort of professionals from fields such as finance, law, engineering, and tech. His experience included exploring French culture, visiting historical sites like the Palace of Versailles, and enjoying local cuisine.
However, the threats following his whistleblowing have drastically changed his life. Amenya now fears for his safety and has stopped enjoying these experiences.
“I uncovered numerous red flags after accessing the Adani deal documents. I realised Kenyans are being misled,” Amenya said. He initially shared the findings on social media, gaining attention through the platform X (formerly Twitter).
Since then, Amenya claims Kenya Airports Authority employees have been leaking more documents to him, all of which confirm that the country is being shortchanged.
“Top KAA officers told the company conducting feasibility studies to remove any red flags in the report to favour Adani. Some employees were paid $1 million for these feasibility studies, which is way above market rates,” Amenya said.
He also revealed that Adani seeks to own 18 per cent of JKIA indefinitely after their 30-year lease expires. The Indian company has reportedly requested JKIA’s title deed to use as collateral for loans, exposing East Africa’s largest airport to financial risk.
“The feasibility report shows that Adani requested KAA to build three runways at JKIA. If you look at the Adani report, they plan to build a new runway by 2054,” Amenya disclosed.
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