Homa Bay County has been given 21 days to release records detailing the construction and financing of its new headquarters after the Office of the Ombudsman found that the county government and assembly had failed to respond to a public information request.
The Commission on Administrative Justice (CAJ), which operates as the Office of the Ombudsman, issued the directives in two rulings delivered on Thursday, October 8, 2026, following applications for review by Katiba Institute.
The organisation had requested the documents on March 12, 2025, seeking details of the project’s approval, its financing structure, contractual arrangements and the financial commitments arising from the development. In a statement released on Friday, October 9, Katiba Institute welcomed the decisions, saying they strengthened the public’s right to scrutinise how government institutions manage public resources.
The records sought relate, among other things, to the county’s lease-to-own arrangement with the County Pension Fund (CPF), approvals for the financing model and documents showing the project’s implementation and financial implications.
In its determinations, the commission emphasised that the county government and assembly were required to comply with Article 35 of the Constitution and the Access to Information Act, 2016, which provide for access to information held by the State. It also made clear that legislative privilege could not be invoked as a blanket reason for denying access to records held by a county assembly.
The county government must provide approvals for the project, agreements with CPF and reports outlining its financial obligations, including contingent liabilities. The assembly was directed to release certified Hansard records, relevant legislation, committee minutes, supporting documents and financial and implementation reports.
The commission allowed for the removal of information protected by law but directed that such exemptions should not be used to withhold entire documents where the remaining material could be disclosed. It gave the County Secretary and the Clerk of the County Assembly 21 days to facilitate access to the records. Failure to comply could lead to recommendations for criminal prosecution under Section 28 of the Access to Information Act.
Katiba Institute executive director Nora Mbagathi said the decisions reinforced the responsibility of public institutions to operate transparently and account for their actions.
“These rulings reaffirm a fundamental constitutional principle: public institutions must be open and accountable to the people they serve,” Mbagathi said.
She added that financial decisions involving public funds and long-term obligations should remain open to public examination.
“Decisions involving public resources, including long-term financing arrangements and contingent liabilities, cannot be shielded from public scrutiny,” she said.
Katiba Institute said the rulings provided guidance to county assemblies nationwide by clarifying that legislative privileges could not be used indiscriminately to deny citizens access to public records. The organisation called on the Homa Bay County Government and County Assembly to comply with the directives, saying access to information was necessary for effective public participation and accountability in the management of public affairs.
