Kisii County admits failing to give out information, illegally awarding tender

High Court Judge David Majanja has directed the Kisii County Government to make information sought by two petitioners available over the award of a tender for construction of walkways.

This is after the County Government was accused of failing to give out information and illegally awarding a tender for the construction of the walkways within Kisii Town.

The County Government failed to provide information to the public concerning the construction.

Two petitioners, Bonface Ongera and Vincent Mose filed a petition against the County Government for failing to release information pertaining to the construction of the walkways within Kisii Town, in violation of Act 35 of the Constitution and the Public procurement and Disposal Act 2005.

They argued the county failed to advertise and invite tenders for the construction of several walkways within Kisii Town, with no information on the parties that won the tendering process.

The petitioners asked the court to stop illegal payment of the tenders until a fresh advertisement is done and to stop the ongoing projects which have been illegally allocated.

Surprisingly, the County Government admitted that no advertisement was made regarding the construction and no rehabilitation took place in 2018.

The County Government further averred that the information sought by the petitioners was not available.

Majanja ordered the petitioners letter dated May 28, 2018 be deemed to be an application for information under the Access to Information Act.

“The County Government of Kisii is directed to deal with the request in accordance to provision of the Access Act without prejudice of its duty, ” said Majanja.

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