NAIROBI, Kenya- The Commission on Administrative Justice has ordered the Homa Bay County Government and County Assembly to disclose information about the construction of the new county headquarters.
The rulings, delivered on October 8, followed review applications by Katiba Institute after the two institutions failed to respond to an information request submitted on March 12, 2025.
The request sought records on project approvals, financing arrangements with the County Pension Fund (CPF), national government approvals and the project’s financial obligations and implementation status.
The Commission, also known as the Office of the Ombudsman, said both institutions have a duty under Article 35 of the Constitution and the Access to Information Act to provide access to public information.
It also ruled that legislative privilege does not automatically shield County Assembly records from disclosure.
Records to be released within 21 days
The county government must provide project approvals, agreements with the CPF and reports detailing the project’s financial obligations, including any contingent liabilities.
The County Assembly was ordered to provide certified Hansard records, relevant county legislation, implementation and financial reports, committee records and supporting documents.
Any information that is legally exempt may be redacted.
The Commission directed the County Secretary and the Clerk of the County Assembly to facilitate access to the records within 21 days.
Failure to comply could lead to recommendations for criminal prosecution under Section 28 of the Access to Information Act.
Katiba Institute Executive Director Nora Mbagathi said the rulings affirmed the public’s right to scrutinise how county governments use public resources, including through long-term financing arrangements.
The institute said the decisions also clarified that legislative privilege cannot be used as a blanket reason to withhold public records.
The two rulings concern separate review applications against the Homa Bay County Government and County Assembly.
