Generation

Kenya: Energy Ministry Ordered to Release Certified Marsabit Power Project List

Nairobi — The High Court has ordered the Ministry of Energy to publicly release a certified and accurate list of all approved power projects in Marsabit County as of December 31, 2021.
The order, delivered by Justice Bahati Mwamuye, compels the Ministry to fully comply with an earlier directive issued by the Commission on Administrative Justice (CAJ) following a complaint by Gitson Energy Limited.
The list must clearly outline each project's name, capacity, approval date, current status, and key project details.
This ruling follows a protracted battle for access to information under Article 35 of the Constitution and the Access to Information Act.
Gitson Energy initially requested the data in January 2022 but received no response.
After further delays and the provision of inaccurate data in 2024, the Court ruled that the Ministry had failed to meet its constitutional and statutory obligations.
Justice Mwamuye emphasized that partial or inaccurate disclosures amount to non-compliance and ordered the Ministry to fully comply within 30 days.
The case marks a significant milestone in the enforcement of access to information rights in Kenya's energy and infrastructure sectors.