County Government of Nakuru Ordered to Release Information

The Commission has ordered the Chief Officer, Environment, Energy, Climate Change and Natural Resources, to release information relating to the Gatongu Borehole Equipping Project, funded under the Financing Locally Led Climate Action (FLLoCA) program, within twenty-one days. Failure to comply will result in the Commission recommending criminal prosecution against the Chief Officer in accordance with Section 28 of the Access to Information Act, 2016.

The Chairperson of the Subukia Ward Climate Change and Planning Committee submitted an application for review to the Commission following the Chief Officer’s failure to release information related to the project. The requested information included:

1. The Contract Agreement between the County Government of Nakuru and the contractor implementing the Gatongu Borehole Equipping Phase; and
2. The priced bill of quantities for the Project.

The applicant sought review after the Chief Officer failed to process their requests, citing the Contract Agreement and the Priced Bill of Quantities as restricted information.

The Commission took up the matter with the Chief Officer. In its correspondence, the Commission noted that the refusal to release the contract agreement and the priced bill of quantities was due to the information being deemed restricted. However, the Commission, aware of Section 6(1)(d) of the Access to Information Act, 2016, which permits the respondent to provide an abridged or redacted version of restricted information, requested that such a version be prepared and supplied.

Consequently, the Commission ordered that the Chief Officer provide the applicant with an abridged or redacted version of the contract agreement within fourteen days, while the priced bill of quantities should be provided in its original, unredacted form.

Additionally, the Commission conducted an audit of the County Government of Nakuru’s website, https://nakuru.go.ke, and observed that contract information related to projects funded under the Financing Locally Led Climate Action programme had not been published or publicised.

The Commission reminded the Chief Officer of Article 35(1)(a) of the Constitution, which guarantees every citizen the right of access to information held by the State. Further, Article 35(3) requires the State to publish and publicise important information affecting the nation. Section 5 of the Access to Information Act, 2016, also mandates all public entities to proactively disclose and regularly update significant information.

The Commission emphasised that publishing contract information for projects funded under the FLLoCA program would enable citizens to access relevant data, scrutinise decisions and actions of duty bearers, and conduct social audits, thereby promoting transparency and good governance. The Chief Officer was, therefore, requested to respond by outlining the corrective measures implemented to proactively disclose and regularly update contract information on such projects, in order to facilitate public access to information in line with constitutional and statutory requirements.

The Chief Officer did not respond to this request, prompting the Commission to invoke its powers under Section 22(3)(a)(i) of the Access to Information Act, 2016, and determine that:

1. The information requested in the Applicant’s email dated 15^th April, 2025, is held by the Respondent.
2. The information requested under item (a) in the Applicant’s email dated 25^th April, 2025, may contain information subject to limitations under Section 6(1) of the Access to Information Act, 2016; therefore, a redacted version of the Contract Agreement will suffice.
3. The information requested under item (b) should be fully disclosed to the Applicant.

Pursuant to powers granted by Section 23(2)(a) of the Access to Information Act, 2016, and Regulation 25(8) of the Access to Information (General) Regulations, 2023, the Commission, on 25^th August, 2025, ordered as follows:

1. The Chief Officer, Department of Environment, Energy, Climate Change and Natural Resources, County Government of Nakuru, shall facilitate access to the following information relating to the Gatongu Borehole Equipping Project:

1. 1. The Contract Agreement between the County Government of Nakuru and the contractor;
   2. The priced bill of quantities for the Project.
      [Since the Contract Agreement may contain information subject to limitations under Section 6(1), the Chief Officer shall supply a redacted copy of the contract.]
2. The Chief Officer shall implement appropriate measures to proactively disclose and regularly update contract information on projects under the Financing Locally Led Climate Action program.
3. The Chief Officer shall furnish the Commission with a compliance report on the implementation of order No. 2 above.

The Chief Officer is required to comply with these orders within twenty-one (21) 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.