The Commission on Administrative Justice (Office of the Ombudsman) has ordered the Kenya Urban Roads Authority (KURA) to release information regarding a road construction tender following an appeal by a citizen. The directive compels KURA to disclose contract documents related to the award of a tender to Debrosso Construction Company Limited for the construction of Old Mai-ai-hii (Eliud Mathu) Road in Kiambu County.
The ruling follows a request made by Ms. Lucy Kamau on July 17, 2024, seeking access to key documents, including all statutory contract records and licenses procured from relevant authorities such as the National Construction Authority, the Engineers Association of Kenya, the Survey of Kenya, and the National Environment Management Authority.
Despite statutory obligations to respond within a specified timeframe, KURA failed to provide the requested information, prompting Ms. Kamau to appeal to the Commission. The Ombudsman, in its ruling, stated:
“The Commission notes that the statutory timelines to process the request for information under Section 9 (1) have since lapsed. Therefore, the Commission requests for your institutional report under Section 22(3) of the Access to Information Act, 2016, within seven days to allow appropriate decision on the application.”
However, KURA did not respond to the Commission’s letter, leading to a formal determination. Exercising its authority under the Access to Information Act, 2016, the Ombudsman ruled in favor of disclosure. While acknowledging that some information may be subject to legal limitations, the Commission emphasized the public’s right to access government-held records.
Under Section 23(2)(a) of the Act, the Commission issued two key orders:
- KURA’s Director General must facilitate access to the requested records in compliance with the law.
- KURA must comply within 21 days from the determination date.
