PRESIDENT Emmerson Mnangagwa’s controversial associate, Wicknell Chivayo, is in the eye of a storm in Kenya, where public anger has spilled to the courts over his alleged US$2,9 billion deal to expand the East African country’s main airport.
The Consumer Federation of Kenya (COFEK) this week filed a court application challenging a decision by authorities in Nairobi to award Chivayo the tender for the expansion of the Jomo Kenyatta International Airport (JKIA).
JKIA is Kenya’s primary international gateway.
According to court papers obtained by NewsDay, the State-owned China Communications Construction Company brought in its subsidiary, China Road and Bridge Corporation and IMC Construction Kenya as joint-venture partners on the project.
IMC Construction Kenya is reportedly owned by Chivayo, who has been a frequent visitor of President William Ruto at his official residence.
Kenya will reportedly contribute US$1,3 billion to the project, with the remainder financed through local and Chinese banks.
COFEK secretary-general Stephen Mutoro cited Chivayo’s criminal record as the primary basis for the opposition to the deal.
In 2005, the tenderpreneur was jailed for five years for money laundering involving R837 000 by the High Court and he served time at Chikurubi Maximum Security Prison.
- Mr President, you missed the opportunity to be the veritable voice of conscience
- ED to commission new-look border post
- Zanu PF ready for congress
- EU slams Zim over delayed reforms
Keep Reading
The COFEK application argued that allowing an individual with such a profile to influence a strategic national asset is a direct violation of article 73 of the Kenyan Constitution, which states that authority assigned to a State officer is a “public trust”.
“Public reports further indicate that IMC Construction Kenya Limited, a company reportedly associated with Mr Wicknell Chivayo, forms part of the consortium and/or implementation structure associated with the project,” the court papers read.
Kenya’s Roads and Transport ministry, the Kenya Airports Authority, the National Treasury and Economic Planning, as well as the country’s Attorney-General, were cited as respondents in the matter.
The China Communications Construction Company, the China Road and Bridge Corporation and Chivayo’s IMC Construction Kenya Limited are cited as interested parties in the case.
“However, the nature, extent, legal basis and approval process relating to such participation remain undisclosed, thereby heightening legitimate constitutional concerns regarding transparency, accountability, beneficial ownership disclosure and public oversight,” the court papers read.
“The impugned processes are active, ongoing and progressing towards implementation, thereby creating an imminent risk that contractual, financial, proprietary and operational obligations affecting public resources, public assets and strategic national infrastructure may be undertaken before the constitutional issues raised herein are interrogated and determined by this honourable court.
“Unless this honourable court intervenes urgently, the respondents may proceed to execute agreements, conclude financing arrangements, commit public resources, create binding public obligations, undertake land use and implementation measures and take other irreversible steps capable of rendering the petition nugatory.”
The tender was originally awarded to India’s Adani Group in 2024 for an estimated US$2,9 billion airport contract, Chivayo’s IMC Construction Kenya won a stake as a joint-venture partner with the China Communications Construction Company.
Chivayo is no stranger to controversy involving multiple corruption allegations.
In South Africa, his assets were frozen this year and he is under investigation for money laundering.
The most prominent case involves a US$40 million payment from a Zimbabwe Electoral Commission tender deal, which was paid to Chivayo’s network.
Investigators allege that the funds were rapidly moved through accounts at major South African banks and spent on luxury goods, real estate and international travel.
This led to South African authorities freezing his bank accounts and assets worth an estimated R5 billion in April 2026.
South African President Cyril Ramaphosa’s office was recently forced to clarify that he had “no prior knowledge” of Chivayo after the businessman was seen hobnobbing with him at Mnangagwa’s Precabe Farm in Kwekwe, Midlands province.
Chivayo failed to deliver on the Gwanda Solar Project, centred on a US$172,8 million contract awarded to his company, Intratrek Zimbabwe, in 2015 to build a 100-megawatt plant.
A decade later, the site remains abandoned and overgrown, with little to show for the millions spent.
He has also been at the centre of a controversial campaign to extend Mnangagwa’s term by two years, where he has been dishing out thousands of dollars in cash and cars to influencers and legislators.
Meanwhile, Ruto’s government yesterday sought to distance itself from Chivayo, saying his company is not part of the deal.
“We wish to clarify that the company referred to in those reports did not participate in this procurement process as a bidder and has no role, involvement or association whatsoever with this project,” the Roads and Transport ministry said in a statement.
“They are also not part and parcel of contractors who submitted bids to this tender.
“We, therefore, urge the public to rely on official government communication and verified information.”
