The Ministry of Energy must disclose a detailed, certified list of all power projects sanctioned in Marsabit County by the end of 2021, following a High Court order arising from a transparency battle lodged by Gitson Energy Limited.

Justice Bahati Mwamuye issued the directive compelling the Ministry to release the information within thirty days, ensuring the public has access to the full names, capacities, approval dates, operational status, and other key particulars of every approved project.

This follows a decision by the Commission on Administrative Justice (CAJ), whose earlier demand for transparency had been ignored by the Ministry.

The CAJ had acted upon a formal grievance submitted by Gitson Energy.

The company had first requested the data in January 2022, relying on Article 35 of the Constitution and the provisions of the Access to Information Act.

Read More

  1. KEBS sued over Sh100 million tender as local firm challenges exclusion
  2. Lobby sues to block new budget until Govt clears Sh600 billion pending bills
  3. EADB and Tuju face off in high-stakes legal showdown over Sh1.2 billion loan

When no reply came, the matter escalated — culminating in a courtroom battle over access rights and public accountability.

Though the Ministry eventually released documents in 2024, the Court found the data to be flawed and misleading. Justice Mwamuye ruled that: “Partial or inaccurate disclosures amount to non-compliance.”

The Court concluded that the Ministry had breached its legal obligations by withholding and misrepresenting public records, an act deemed contrary to both constitutional and statutory requirements.

Legal analysts say the outcome strengthens the hand of citizens and corporate actors seeking greater openness in Kenya’s infrastructure and energy sectors, and sets a precedent for enforcement of information rights through judicial intervention.

The ruling also places renewed focus on the role of oversight bodies like the CAJ in compelling transparency, particularly where administrative agencies fail to act on public requests for information.