County Executive for Mandera County Ordered to Release Contracts Information

The Commission has ordered the County Executive Committee Member for Finance and Economic Planning to release information relating to the total number of contracts issued by the Department of Finance and Economic Planning, Mandera County Government from 2013 to-date.

Mr. AMA made an application of review following the failure by the County Executive Committee Member for Finance and Economic Planning to process an information request done through the law firm of Kivuva Omuga and Company Advocates. The information sought included;

1. The total number of contracts issued by Mandera County since 2013; and
2. A breakdown of the contract by the Department of Finance and Economic Planning in terms of: -

1. The names of companies awarded.
2. The details of the directors of the companies.
3. Contacts of the companies.
4. The total amount awarded to the companies.
5. Year of incorporation and the year awarded the contract.
6. Clan designation of the Company awarded.

The Commission took up the matter and requested the County Executive Committee Member for Finance and Economic Planning through a letter 16^th June 2025 to provide an institutional report in seven days.

“The review application is based on the ground that no response was received from your office as required by the law. The Commission, pursuant to Section 22(3), ATI Act, 2016 and Regulations 25 (1) ATI General Regulations, 2023, hereby notifies you of the application and requests for your Institutional Report or further information which may be relevant to the request for information within seven days to inform appropriate directions on the application,” read the letter from the Commission to the County Executive Committee Member for Finance and Economic Planning.

The letter by the Commission did not elicit any response from the County Executive Committee Member for Finance and Economic Planning prompting the Commission to invoke powers granted by Section 22(3)(a)(i) of the Access to Information Act, 2016, and determine that:

1. The information requested by the Applicant in the request for information letter dated 5^th September 2024 is held by the Respondent.
2. The information requested by the Applicant in the request for information letter dated 5^th September 2024 in Nos. (i), (ii), (iii), (iv) and (v) is public procurement information that falls within the ambit of Section 5 (1)(e) of the ATI Act, 2016 and should be proactively disclosed on a regular basis.
3. The information requested by the Applicant in the request for information letter dated 5^th September 2024 in No. (vi) may contain information which is subject to limitations under Section 6(1), Access to Information Act, 2016.

Pursuant to powers granted by Section 23(2)(a) of the Access to Information Act, 2016, the Commission ordered as follows:

1. The County Executive Committee Member; Finance and Economic Planning facilitates access to information and records held in strict compliance of the law, relating to the request for information made by AMA through the firm of Kivuva Omuga & Company Advocates in a letter dated 5^th September 2024 relating to the total number of contracts issued by the Department of Finance and Economic Planning, Mandera County Government from 2013 to-date namely: -

1. The total number of contracts issued by Mandera County since 2013; and
2. A breakdown of the contract by the Department of Finance and Economic Planning in terms of: -

1. The names of companies awarded.
2. The details of the directors of the companies.
3. Contacts of the companies.
4. The total amount awarded to the companies.
5. Year of incorporation and the year awarded the contract.

2. The County Executive Committee Member; Finance and Economic Planning, County Government of Mandera implements appropriate measures to proactively disclose and regularly update public procurement information.
3. The County Executive Committee Member; Finance and Economic Planning, County Government of Mandera furnishes the Commission with a status report of Order No. 2 above within sixty 60 days from the date hereof.

The CECM is required to comply with these orders within twenty-one days. In the event of non-compliance, the Commission shall recommend criminal prosecution against the Chief Officer in accordance with Section 28 of the Access to Information Act, 2016.