The Commission on Administrative Justice (CAJ) has ordered the County Government of Bungoma to release records relating to road projects in two wards within 21 days, warning that failure to comply could result in criminal prosecution of the County Secretary.

🇰🇪 Breaking It Down

“The Commission has ordered the County Secretary, County Government of Bungoma, to release information relating to the status, implementation reports, and contractors for road projects in Maraka and Sitikho Wards within twenty-one (21) days,” the Ombudsman wrote in a statement released on Thursday, June 11.

The statement added, “The Commission further warned that failure to comply with the disclosure orders will result in a recommendation for criminal prosecution against the County Secretary under Section 28 of the Access to Information Act, 2016.”

The directive follows a review application filed by the Voice of Bungoma Consortia of Civil Society Organisations (CSO) Network, which is made up of 75 groups in the county.

📌 What You Need to Know

It filed the application on September 10, 2025, after the county reportedly failed to respond to requests for information on the status, implementation reports, and contractors involved in several road projects during the first quarter of the 2024/25 financial year.

The applicant argued that access to the records was critical for monitoring taxpayer-funded road projects to ensure transparency and accountability.

In its ruling, the Ombudsman stated that the requested records are public information held by the county government, finding that the applicant is entitled to access them under Article 35 of the Constitution and the Access to Information Act, 2016.

The CAJ noted that Bungoma County did not respond to either the applicant’s requests, dated June 2 and June 15, 2025, or subsequent correspondence dated September 18, 2025, from the Commission seeking an institutional report during the review process.

According to the Commission, public entities are required under Section 17 of the Access to Information Act and Section 44(d) of the Public Procurement and Asset Disposal Act to maintain proper records relating to procurement, contracts, financial obligations, and project implementation.

Further, the Ombudsman explained that the requested information does not fall under any exemptions in the Access to Information Act, therefore qualifying the applicant as entitled to access the records.

📰 Source: Kenyans.co.ke