County Secretary, County Government of Kirinyaga Ordered to Release Information
The County Secretary of the County Government of Kirinyaga has been ordered to facilitate access to information and records relating to a request made by Danlex Partners LLP on behalf of their client through letters dated 18th December 2024 and 2nd October 2024. The information sought included the medical report prepared by psychiatrists and psychologists pursuant to group therapy sessions organized and approved by the County Government of Kirinyaga following the 2015 terrorist attack at Garissa University.
The County Secretary did not respond within the statutory twenty-one-day timeline, prompting the law firm to apply for review on behalf of their client. The Commission took up the matter with the County Secretary on 4th February 2025.
A letter from the Commission to the County Secretary stated:
“An application for review under Section 14(1)(a) of the ATI Act, 2016 has been lodged by Danlex Partners LLP on behalf of their client, indicating that on 18th December 2024 and 2nd October 2024, they sought medical reports relating to their client prepared by psychiatrists and psychologists pursuant to group therapy sessions organized and approved by the County Government of Kirinyaga following the 2015 attack at Garissa University. The Commission notes that the statutory timelines to process the request under Section 9(1) of the ATI Act have lapsed. Therefore, the Commission requests your Institutional Report under Section 22(3) of the ATI Act within seven days to allow appropriate decision on the application. Kindly note that if no response is received from your Institution within the indicated timeline, the Commission may proceed to make a decision, your response notwithstanding.”
The letter elicited no response, leading to an order issued on 16th June 2025 pursuant to Section 22(3)(a)(i) and 23(2)(a) of the Access to Information Act. The County Secretary must comply within twenty-one days of the order. Failure to comply will result in the Commission recommending criminal prosecution against the County Secretary under Section 28 of the Access to Information Act, 2016.