Nairobi City County Government Ordered to Release Information
The Commission has ordered that the County Executive Committee Member (CECM), Built Environment and Urban Planning, Nairobi City County, facilities access to information relating to the issuance of an irregular Change of User and Development Permit to De La Salle Brother over Land Reference Number 7**3, located off Marula Lane in Karen area.
A law firm, Wamae and Allen, on behalf of Karen and Langata District Association, requested information from the CECM on 22nd March, 2024. The information sought included;
- Details of the Change of User that may have been obtained converting the land from residential to commercial;
- Copy of application for Change of User;
- Copy of all approvals issued, including Notification of Approval/ Deferment of Application (Planning);
- Copy of approval from the National Environmental Management Authority and the County Government of Nairobi;
- Minutes of the technical meeting approving the Change of Use; and
- The written decision of the CECM approving the Change of User and development plan of a tertiary institution within a residential area.
The CECM did not respond to the information request prompting the law firm to issue two reminders on 5th April, 2024, and 16th May, 2024, which did not elicit any response. The firm, therefore, made an appeal for review with the Commission on 4th May, 2024.
The Commission took up the matter and on 8th May, 2024, requested the CECM to respond to the request within seven days.
“The Commission notes that the statutory timeliness to process the request for information under section 9(1) of the ATI Act has since elapsed. The Commission, therefore, requests for your institutional report under section 22 (3) of the ATI Act within seven days to allow for appropriate decision,” read the letter.
The letter by the Commission did not elicit any response prompting the Commission to issue an order on 17th July, 2024, directing the release of the requested information within seven days.