Ombudsman Orders Homa Bay County Government and Assembly to Disclose Headquarters Project Information
The Commission on Administrative Justice (CAJ) has directed the Homa Bay County Government and County Assembly to disclose information concerning the construction of the new county headquarters, reaffirming the public’s constitutional right to access information on government projects and the use of public resources.
The directives follow two rulings delivered on 8 October 2026 in favour of Katiba Institute, which had filed review applications after both institutions failed to respond to an information request submitted on 12 March 2025.
The request sought records relating to project approvals, the lease-to-own financing arrangement with the County Pension Fund (CPF), national government approvals, financial obligations and the project’s implementation status.
Ombudsman affirms duty to disclose public records
In its rulings, the Commission affirmed that both institutions are bound by Article 35 of the Constitution and the Access to Information Act, 2016, which guarantee the right of access to information held by the State and other public entities as provided by law.
The Commission further clarified that county assembly records are not automatically exempt from disclosure under legislation governing parliamentary and legislative privileges. Where records contain legally exempt information, institutions should redact only the protected portions and disclose the remainder.
The Homa Bay County Government was directed to provide records including project approvals, agreements with CPF and reports detailing the project’s financial obligations, including contingent liabilities.
The County Assembly, meanwhile, must provide certified Hansard records, relevant county legislation, implementation and financial reports, committee records and supporting documents, subject to lawful redactions where necessary.
The Commission ordered the County Secretary and the Clerk of the County Assembly to facilitate access to the requested information within 21 days. Failure to comply could lead to recommendations for criminal prosecution under Section 28 of the Access to Information Act, 2016.
KI calls for transparency and accountability
Commenting on the rulings, Katiba Institute Executive Director Nora Mbagathi said the decisions reaffirmed the obligation of public institutions to account for decisions involving public resources.
“These rulings reaffirm a fundamental constitutional principle: public institutions must be open and accountable to the people they serve. Decisions involving public resources, including long-term financing arrangements and contingent liabilities, cannot be shielded from public scrutiny,” she said.
The decisions strengthen the enforcement of the right to information and affirm the public’s ability to scrutinise how county governments make financial commitments and manage public resources.
They also offer important guidance to county assemblies across Kenya, clarifying that legislative privileges cannot be used as a blanket justification for withholding public records.
Access to information is essential to meaningful public participation, accountable governance and the effective implementation of the Constitution. Without timely access to public records, citizens are limited in their ability to understand government decisions, assess the use of public funds and hold public institutions accountable.
Katiba Institute calls on the Homa Bay County Government and County Assembly to comply fully with the Commission’s orders and uphold their constitutional and statutory obligations to disclose public information.
Read the rulings
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