The law firm expressed openness to dialogue, suggesting a meeting with county officials to avoid legal action. ‘If prudence prevails on your part and you feel a meeting is necessary between you and us to avert unnecessary litigation and summons from the Senate, kindly communicate within seven days from the date of this notice.’
By Wakhungu Andanje
A Nairobi-based law firm, Boniface Masinde and Company Advocates has challenged the county government of Kakamega to publicly disclose the names of contractors awarded various tenders and the amounts allocated to them since 2022.
In a letter dated January 20, 2025, addressed to the Kakamega governor, the firm invoked Article 35 of the Constitution of Kenya (2010), which guarantees every citizen the right to access public information. The letter also referenced the Access to Information Act, emphasizing the duty of public entities to respond to information requests within 15 working days.
The law firm has issued a 15-day ultimatum to the county government, warning that failure to comply will prompt legal proceedings and a petition to the Senate to summon county officials. “We demand from you that you supply to us the above information through writing before the laid deadline to avoid legal implications. Failure to comply with our demand notice shall leave us with no option but to not only move to court but also petition the Senate to summon you for interrogation and suspend or cancel all county contracts,” the letter stated.
The firm outlined its demands, including the following:
- A list of prequalified contractors and their financial allocations from the financial year 2022/23 to date.
- Details of the actual costs incurred in each contract.
- Inspection reports from site engineers and other relevant county officers.
- Final approval reports, meeting minutes related to the projects, and specific dates of site visits by project managers.
- Tendering committee minutes, letters of engagement, and appraisal documents for the awarded contracts.
The firm also expressed openness to dialogue, suggesting a meeting with county officials to avoid legal action. “If prudence prevails on your part and you feel a meeting is necessary between yourselves and us to avert unnecessary litigation and summons from the Senate, then communicate within seven days from the date hereof.”
The letter further highlighted Article 179(4) of the Constitution, which identifies the county governor and deputy governor as the chief executives responsible for ensuring access to public information. It reiterated that the information sought was in the public interest and aimed at promoting transparency, accountability, and good governance as outlined in Article 10(2)(c) of the Constitution.
The firm’s bold move underscores its commitment to ensuring transparency in the county’s financial dealings and the enforcement of citizens’ constitutional rights to public information.
