The government has been issued a 21-day ultimatum to release all documents relating to the contentious leasing of four public sugar companies, or some officials will face legal ramifications.
In a formal demand letter, the Office of the Ombudsman directed the Principal Secretary in the State Department for Agriculture to provide the requested records or face prosecution.
The ultimatum stems from a complaint filed by a citizen who submitted an information request on July 29. The individual sought full disclosure on how Muhoroni, Nzoia, Chemelil, and Sony Sugar Company were leased to private entities.
The individual specifically sought letters of award, factors considered during allocation and lease agreements between the government and private entities.
According to the Ombudsman, the State Department failed to respond to the applicant's request, and a follow-up inquiry from the Commission was also allegedly snubbed.
The commission officially took up the matter on September 5, asking the PS to provide an institutional report within seven days to guide its review. Once again, the PS allegedly failed to comply.
"Following the failure by the PS to respond to the Commission's letter, the Commission pursuant to Powers granted by Section 22(3)(a)(i) of the Access to Information Act 2016, determined that the information requested may contain information which is subject to limitations under Section 6(1), Access to Information Act, 2016," a letter from the Ombudsman read.
The commission decided to exercise powers under Section 23(2)(a) of the Access to Information Act to issue binding orders requiring the PS to release all relevant documents.
All disclosures, according to the commission, must be done "in strict compliance with the law" to ensure completeness and accuracy, with the Agriculture PS given 21 days from the date of the order to comply.
In May, four sugar companies, South Nyanza, Nzoia, Chemelil, and Muhoroni-were officially handed over to private players under a 30-year lease agreement in a move that attracted criticism , particularly from opposition outfits.
Busia Sugar Industry Ltd took over South Nyanza, West Kenya Sugar Company Ltd leased Nzoia, Kibos Sugar & Allied Industries Ltd acquired Chemelil, while West Valley Sugar Company Ltd assumed control of Muhoroni.
Agriculture Cabinet Secretary Mutahi Kagwe has since insisted that the move was productive, since lease proceeds will directly benefit local communities through bonuses paid to farmers.
