Chief Executive Officer, Water Resources Management Authority Ordered to Release Information
The Chief Executive Officer of the Water Resources Management Authority (WARMA) has been ordered by the Commission to facilitate access to information and records held relating to the construction of thirty boreholes built by Siaya County Assembly in thirty wards.
A requestor, on behalf of Community Initiative Action Group Kenya, made a request for information to the CEO of WARMA through a letter dated 12th August 2024. The information sought included:
- Whether any Environmental Impact Assessment was conducted for each borehole to assess potential impacts on the environment and water resources;
- Whether each borehole possesses a valid water abstraction license issued by the Water Resources Management Authority; and
- Whether there was adequate public participation and consultation involved in the silting and construction of the boreholes.
The CEO did not respond to the information request within the statutory twenty-one-day timeline, prompting the requestor to apply for a review to the Commission. On 28th February 2025, the Commission requested the CEO to provide an institutional report within seven days.
“The Commission notes that the statutory timelines to process the request for information under Section 9(1), ATI Act have since lapsed. Therefore, the Commission requests your Institutional Report under Section 22(3), ATI Act within seven days to allow an appropriate decision on the application. Kindly note that if no response is received from your Department within the indicated timeline, the Commission may proceed to make a decision notwithstanding your response,” stated the Commission's letter to the CEO of WARMA.
The letter did not elicit a response, prompting the Commission to invoke its powers under Sections 22(3)(a)(i) and 23(2)(a) of the Access to Information Act, 2016, and issue an order.
The CEO was ordered to facilitate access to information and records held relating to the request made by on behalf of Community Initiative Action Group Kenya (dated 12th August 2024) concerning the thirty boreholes constructed by Siaya County Assembly in thirty wards. This information must be provided within twenty-one days from the date of the order.
Failure to comply will result in the Commission recommending prosecution pursuant to Section 28 (3) (c) of the Access to Information Act.