The High Court has given the Government of Kenya a maximum of 45 days to make public Information on all sovereign bond agreements/contracts signed by the Government of Kenya and any bond that contain the terms and conditions in case of default.
This comes after Kenya Human Rights Commission and Wanjiru Gikinyo sued the Attorney General and the CS Treasury for failing to provide information about the bilateral and international loans procured by the Executive.
According to Kenya Human Rights Commission, the Executive has over the years borrowed loans without transparency in that process or the involvement of the public which is contrary to the constitutional principles.
The Commission had asked Court to declare that the failure to provide the Treaties/ Agreements and/or Contracts signed between the Republic of Kenya and any other state, any international financial institution, any international corporation and any other entity however described is unconstitutional in so far as it contradicts the constitutional requirements on access to information.
Further, the commission argued that the failure to provide information relating to sovereign bonds floated for and on behalf of Kenya in the past nine years by the National Executive is unconstitutional for not being open and accountable as required by Article 201 of the Constitution.
In his Judgement today, Justice Lawrence Mugambi said that the CS Treasury has not provided a proper justification for the denial of information sought by the commission.
The Judge said that the failure by the CS Treasury to provide the information violates the right of access to information under Article 35 (1) of the Constitution as well as the principle of openness and accountability in financial matters as provided for in Article 201(a) of the Constitution and generally, the principles of transparency and accountability provided for under Article 10 (2) (c) of the Constitution.
“An order of mandamus is hereby issued compelling the Respondents to provide the documents and/or information sought by the Petitioners per the Petitioners’ letter of 7th February 2022 and acknowledged in this Petition by the 2nd Respondent. The information be provided within 45 days. This shall be: Information on all sovereign bond agreements/contracts signed by the Government of Kenya and any bond that contain the terms and conditions in case of default.” ruled Justice Mugambi.
