Top lawyer gives Kakamega Governor 15-day ultimatum to do this, or else…

A renowned and top law firm is challenging the County Government of Kakamega to publicly disclose the names of all the contractors awarded various tenders and the amounts allocated to them since 2022.
Boniface Masinde and Company Advocates has written to the leadership of Kakamega requesting them to lay bare all the names of prequalified contractors and payments made to them for public scrutiny.
In a letter dated January 20, 2025, addressed to the governor of Kakamega Fernandes Barasa, lawyer Bonny Masinde avers that: “Under article 35 of the constitution of Kenya, 2010, which guarantees every citizen the right to access public information and which enables the statute for the enjoyment of the same access to information Act under section 7 of the same, the chief executive officer of a public entity shall be an information access officer with a duty to provide the requested information within 15 working days upon receipt of the request for application for information as provided under section 11 of the Act.”
The firm which is asking the county government to act within a 15-day ultimatum is threatening to move to court and take legal proceedings against the county leadership that will release the requested information for public consumption.
The statement further reads: “We demand from you that you supply to us the above information through writing before the laid deadline to avoid legal implications and failure to comply with our demand notice shall leave us with no option but not only move to court but also petition the senate to summon you for interrogation and suspend and or cancel all county contracts.”
It also sad it was open to have a meeting with the county officials over the same if there was a need for the same.
“If prudence prevails on your part and you feel a meeting is necessary between yourselves and us to avert unnecessary litigation and summons from the senate then communicate within 7 days from the date of hereof,” the letter reads in part.
The statement quoted article 179(4) of the constitution that identifies the county governor, his deputy as chief executive, and deputy chief executives of the county respectively and hence being the effective information access officers.
It further, based on the above article, demands the full information and full account of the actual amounts allocated and paid to pre-qualified contractors from the financial year 2022/23 to date including a list of schedules of all county contracts and their respective contractors, their financial allocations, actual costs incurred in each contract, inspection reports by the site engineers and other relevant county officers that justify the allocations and payments, final approval report from the site engineers or county officers, minutes of the meetings relating to the works including specific dates of visits by project managers.
The firm also needs to access tenders and the minutes by the tendering committee that approved and selected contracts signed between parties alongside letters of engagement issued to the qualified contractors with all the paperwork and supporting appraisal documents of the bidders.
“This is to assuage any privacy and confidentiality concerns, it is our firm position that the information sought is of public importance and intended to promote national values of good governance, integrity, transparency and accountability as provided for in article 10(2)(c) of our constitution,” it notes.