Homa Bay Governor Gladys Wanga /HANDOUTThe Commission on Administrative Justice (CAJ) has ordered the Homa Bay government and county assembly to disclose information about the construction of the new county headquarters following complaints over their failure to respond to a public information request.
In two rulings delivered on Thursday, the commission directed the two institutions to release records detailing the project's approvals, financing arrangements, financial obligations and implementation status.
The decisions followed review applications filed by Katiba Institute after the county government and assembly failed to respond to a request for information submitted on March 12, 2025.
In a statement issued on Friday, October 9, Katiba Institute welcomed the rulings, saying they reinforced the constitutional right of citizens to access information held by public institutions.
The organisation had sought documents relating to the project's lease-to-own financing arrangement with the County Pension Fund (CPF), approvals from the national government and other records concerning the use of public resources.
The commission affirmed that both institutions were bound by Article 35 of the constitution and the Access to Information Act, 2016, which guarantee public access to information held by the State.
It also clarified that records held by county assemblies were not automatically exempt from disclosure under laws governing legislative privileges.
Where documents contain legally exempt information, the commission said, only the protected portions should be redacted, while the remaining information must be made available.
The county government was ordered to disclose project approvals, agreements with CPF and reports detailing its financial obligations, including contingent liabilities.
The county assembly, meanwhile, must provide certified Hansard records, relevant county legislation, implementation and financial reports, committee records and supporting documents, subject to lawful redactions where necessary.
The Commission gave the County Secretary and the Clerk of the County Assembly 21 days to facilitate access to the requested information.
Failure to comply could result in recommendations for criminal prosecution under Section 28 of the Access to Information Act, 2016.
Katiba Institute executive director Nora Mbagathi said the decisions reaffirmed the obligation of public institutions to operate transparently and remain accountable to citizens.
“These rulings reaffirm a fundamental constitutional principle: public institutions must be open and accountable to the people they serve,” she said.
Mbagathi added that decisions involving public resources, particularly long-term financing arrangements and contingent liabilities, should not be shielded from public scrutiny.
“Decisions involving public resources, including long-term financing arrangements and contingent liabilities, cannot be shielded from public scrutiny,” she said.
Katiba Institute said the rulings offered important guidance to county assemblies across Kenya by clarifying that legislative privileges could not be used as a blanket justification for withholding public records.
The organisation urged the Homa Bay government and county assembly to comply fully with the orders, noting that access to information was essential for meaningful public participation and accountable governance.
