The High Court has ordered the Kakamega county government to
release information sought by a resident nearly two years ago, ruling that its
failure to respond violated his constitutional rights.
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Justice Stephen Mbungi issued orders compelling the county government to provide specific information requested by Charles Khamala in a letter dated July 11, 2024.
Khamala had sought details of medical and non-pharmaceutical suppliers engaged by the county in 2023 and 2024, including procurement records, the goods supplied and how the supplies were distributed.
The judge also declared that the county government violated Khamala's rights under Articles 35 and 47 of the constitution by failing to process and respond to his request.
"An order of mandamus is hereby issued compelling the respondents, jointly and severally, to provide a written determination of the petitioner's request dated July 11, 2024, and to furnish the information requested therein, save only for information lawfully exempted under Section 6 of the Access to Information Act, within 30 days from the date of this judgment," Justice Mbungi ruled.
The court further directed the county government to provide written reasons identifying the specific statutory exemption relied upon if it withholds any of the requested information.
Khamala had also requested records relating to the withdrawal of Sh600 million from a retention fees account, including the corresponding requisitions by contractors.
The petition further sought documents relating to the renovation of the governor's office, including an engineer's report condemning the office, Cabinet approval for the renovation, advertisement of the Sh35 million tender and the list of applicants.
Khamala also requested documents relating to a Sh240 million transaction involving Rashid Echesa, including the source of the funds and the governor's tax returns for the past two years.
Other information sought included a list of all pending bills, indicating when they accrued and the criteria used to settle them.
He also requested procurement records for subsidised fertiliser during the 2023-24 financial year, including the identities of suppliers, the amounts involved and evidence that due procurement procedures were followed.
Justice Mbungi held that by failing to respond to the request, the county government acted contrary to the national values and principles of governance under Article 10 of the Constitution, particularly transparency, accountability and public participation.
He also declared the county government violated Khamala's right to fair administrative action under Article 47 by failing to provide an expeditious, lawful, reasonable and procedurally fair response to his request.
