Thirdway Alliance party leader Ekuru Aukot/COURTESYThirdway Alliance Kenya has formally requested the disclosure of the contract between the Government and Dangote East Africa Refinery and Petrochemicals SEZ over the proposed refinery project in Lamu.
In a letter to Attorney-General Dorcas Oduor dated October 2, Thirdway Alliance party leader Ekuru Aukot invoked Article 35 of the Constitution and the Access to Information Act, 2016, seeking access to the agreement and details of the project's ownership structure.
Aukot said the request covers the full contract, including execution copies, schedules, side letters and any subsequent amendments involving the Government, a public entity and Dangote Group or its project entity.
“Seeking access to public government contracts is an inalienable constitutional right under Article 35,” Aukot said.
The party also wants the Attorney-General to disclose whether a definitive agreement has been signed.
“If a definitive agreement is not yet executed, kindly confirm its present status, provide any existing draft agreements, and supply any approvals currently on record with your office,” the letter states.
The request comes after President William Ruto criticised those questioning the Government's arrangements with the Nigerian business group.
Aukot responded to the President's remarks, saying citizens seeking information about the project had been referred to as “matapeli”
“Citizens seeking details on the matter have been disparagingly referred to as ‘matapeli’ ...,” Aukot said.
The party said it welcomed foreign investment but maintained that Kenyans should be able to scrutinise contractual commitments made by the Government.
“While foreign investment that advances Kenya's interests is welcome, the public remains fully entitled to scrutinise any contractual commitments made on its behalf,” Aukot said.
Thirdway Alliance is also seeking information on whether the project was laid before, debated, approved or ratified by Parliament.
It wants the Attorney-General to provide relevant Hansard records, committee proceedings, resolutions and approval documents if parliamentary consideration took place.
If the project was not presented to Parliament, the party wants the Government to explain whether parliamentary approval is required and the legal basis for its position.
It has also asked whether the project is being treated as a public-private partnership and whether it creates any public financial liability.
On ownership, Aukot wants a list of all beneficial owners and current directors of Dangote East Africa Refinery and Petrochemicals SEZ.
The party is further seeking official CR12 documents for locally incorporated corporate shareholders, registry documents for foreign shareholders and the memorandum and articles of association, or equivalent documents, for the companies involved.
It also wants the beneficial owners of all local and foreign shareholders disclosed.
Aukot said the Government should publish the agreement and material commitments on an official website in line with constitutional requirements.
“Kenya is a constitutional republic, not President Ruto's personal or private company,” he said, urging Oduor, as the Government's principal legal adviser, to ensure the request is processed.
The party said it expects a response within 21 days as provided under the Access to Information Act.
It said failure to provide the requested information would be treated as a deemed rejection and could trigger legal action.
“If the evidence establishes that President Ruto personally directed or maintained an unlawful refusal, Thirdway Alliance Kenya shall immediately commence proceedings against the state now and against him personally after he leaves office,” Aukot said.
The Government has yet to respond publicly to the request.
