MAKE PUBLIC

Activists move to court to compel State publish SGR contracts

Activists want State to make public its agreement with Chinese government

In Summary

• The petitioners want the court's assistance in compelling the government to provide the contracts.

• Through a petition filed at Mombasa court, the duo has sued PS in the ministry of transport Solomon Kitungu, his treasury counterpart Julius Muia and the AG.

The SGR Cargo train at the Port of Mombasa.
The SGR Cargo train at the Port of Mombasa.
Image: FILE

Two activists have moved to court seeking to compel the state to make public its agreement with the Chinese government concerning the SGR financing and construction.

 Khelef Khalifa and Wanjiru Gikonyo have petitioned to have the government be forced to publicize.

Khalifa is the chairperson of Muhuri and also a member of the Okoa Mombasa coalition while Gikonyo is the national coordinator of the institute of social accountability.

Through a petition filed at Mombasa court, the duo has sued PS in the ministry of transport Solomon Kitungu, his treasury counterpart Julius Muia and the AG.

The petitioners want the court to order Kitungu and Muia to pay compensation to the petitioner for violating his right of access to the said information after failing to respond to his requests for that information.

The Okoa Mombasa members also want the court to direct that the respondents appear before the court to report on whether they have complied with court orders of providing the contracts or not.

The petitioners want a declaration that the action by the two PSs in failing to publicize all information concerning the financing and construction of the SGR is a violation of the right to access to information.

The activists want the court’s declaration that the government violated the values of the people, human rights, good governance, transparency and accountability.

The duo wants a declaration that the two PSs violated Chapter Six of the Constitution.

According to the petition, the requests to have the government provide the information have been ignored as his letters have gone unanswered.

Some of the information Khalifa said to have requested includes all contracts for the feasibility studies relating to construction, operation and servicing of the SGR.

They had also requested documents relating to the financing of the construction, management, operation and servicing of SGR which were prepared by the government or a third party on behalf of the government.

Other documents also include the agreements and contracts that talked about the loan agreements, guarantees and collateral used to acquire finances from China Exim bank.

The civil society also said they had requested for the MOU between the Kenya railways, KPA and Chinese company Africa Star Railway Operation Company that is currently operating the SGR.

The petitioners said the government continues to withhold information concerning Kenya’s huge investment whose cost is estimated to have been Sh74 billion.