The Dr Ekuru Aukot-led Thirdway Alliance Kenya has moved to compel the government to disclose the details of the proposed KSh2.2 trillion Dangote refinery deal in Lamu, escalating the public debate over transparency after President William Ruto reportedly dismissed calls for accountability and referred to critics as “matapeli”.
In a letter dated October 2, 2026, addressed to Attorney-General Dorcas Oduor, Aukot demanded the release of the agreement between the Government of Kenya and Dangote East Africa Petroleum Refinery and Petrochemicals Special Economic Zone (SEZ), alongside details of the project’s shareholders and beneficial owners.
Aukot argued that Kenya is governed by the Constitution and is not President Ruto’s personal or private company. He wants the Attorney-General, in her capacity as the Government’s principal legal adviser under Article 156 of the Constitution, to advise the President accordingly and ensure that the information request is processed immediately. “Kenya is a constitutional republic, not President Ruto’s personal or private company,” Aukot stated in the letter.
The party invoked Article 35 of the Constitution and Sections 4, 5 and 9 of the Access to Information Act, 2016, arguing that Kenyans have a constitutional right to scrutinise agreements entered into on their behalf. “Seeking access to public government contracts is an inalienable constitutional right under Article 35,” the letter states.
Aukot added that while the party welcomed foreign investment that advances Kenya’s interests, the public was entitled to examine contractual commitments made on its behalf. “While foreign investment that advances Kenya’s interests is welcome, the public remains fully entitled to scrutinize any contractual commitments made on its behalf,” he stated.
The demand comes amid a public debate over the contents of the proposed Dangote refinery agreement, with calls for disclosure facing resistance from Ruto, who has reportedly maintained that the details will not be made public. Aukot wants the Attorney-General to provide the executed contract between the government or any associated public entity and the Dangote Group or its project company, Dangote Refineries Limited SEZ. The request covers the full agreement, including schedules, side letters and subsequent amendments. If a definitive agreement has not been executed, he wants the government to disclose its current status, provide existing draft agreements and identify approvals held by the Attorney-General’s office.
The party also wants the government to reveal all beneficial owners and current directors of Dangote East Africa Refinery and Petrochemicals SEZ. Aukot has demanded official CR12 documents for locally incorporated corporate shareholders, corresponding registry documents for foreign shareholders, and the memorandum and articles of association, or equivalent documents, for the companies involved in the ownership structure. He further wants the beneficial owners of those corporate shareholders identified.
The party leader has also questioned whether the agreement or project was presented to Parliament for debate, approval or ratification. He wants the Attorney-General to provide the relevant dates, Hansard records, committee proceedings, resolutions and approval documents. If parliamentary approval was not obtained, Aukot wants the government to explain whether it considers such approval necessary and provide the legal basis for its position.
The request also seeks clarification on whether the project is treated as a public-private partnership and whether it creates any public financial liability. Although acknowledging the potential economic benefits of the proposed investment, Aukot cautioned against arrangements that could expose ordinary Kenyans to undisclosed obligations. He said the party opposed “any opaque initiatives, as well as initiatives that burden ‘mwananchi’ and go contrary to the spirit of ‘punguzamizigo’.”
Aukot urged the Attorney-General to publish the agreement and material government commitments on an official public website and provide electronic copies to the party and the public. Citing Section 9(1) of the Access to Information Act, he said a decision on the request was required within 21 days of receipt. He warned that a refusal or failure to respond would be treated as a deemed rejection under Section 9(6) of the Act.
The party leader further threatened legal proceedings if evidence established that the President had personally directed or maintained an unlawful refusal to release the information. “Thirdway Alliance Kenya shall immediately commence proceedings against the state now and against him personally after he leaves office,” Aukot stated.
The letter was received at the Office of the Attorney-General on October 2, 2026. It does not establish whether the government has responded to the request or confirm the final terms of the proposed agreement.
