Court PetitionsPosted on

Kenya Human Rights Commission & another v Attorney General & another; Law Society of Kenya & another (Interested Parties) (Petition E179 of 2022)

Access to information requests from government institutions does not need justification
The High Court ruled that Treasury’s failure to disclose loan agreements and sovereign bond details violated
article 35 of the Constitution. The court found that the government had a constitutional duty to provide access
to financial information and that its refusal breached principles of transparency under articles 10 and 201. It
rejected Treasury’s argument that the information was publicly available or protected by data laws. The court
issued a mandamus order compelling disclosure within 45 days. The case arose after the petitioners’ 2022 request
for loan details was ignored, despite intervention by the Commission on Administrative Justice.

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Court PetitionsPosted on

Commissioned final KHRC Petition

The Petitioners/Applicants herein through a letter dated on 7 February 2022 sought from the Cabinet Secretary National Treasury the Treaties/ Agreements and/or Contracts signed between the Republic of Kenya and any other state, any international financial institution, any international corporation and also information relating to sovereign bonds floated for and on behalf of Kenya in the past nine years by the National Executive by way of a formal request letter.

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Strategic LitigationsPosted on

An advisory on civil appeal No. E084 of 2021

The Institute of Social Accountability’s core mandate is to empower citizens to demand for sound delivery of services by holding their leaders to account through direct engagement. Thus, TISA’s mission is to help Kenyans find their voice and agency to claim their rights to services; make the Kenyan government accountable for its duties and promises; and ultimately, “make the constitution a lived experience.”

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Strategic LitigationsPosted on

High Court Declares the Tabling of National Budget without Enactment of the Division of Revenue Bill to be Unconstitutional.

16/12/2020 We the petitioners Kenya Human Rights Commission, Transparency International
Kenya, AfriCOG and Wanjiru Gikonyo on behalf of The Institute for Social Accountability (TISA)
working together with Katiba Institute welcome the decision of the High Court which serves to protect
the interests of county governments in the national budget process in Kenya.
Informed by the unlawful reading of the 2019/2020 national budget statement by the then CS Henry Rotich
in parliament on 14th June 2019, at a time when there was a standoff over the Division of Revenue Bill
2019, we moved to court to challenge the decision of the National Treasury to deliver the national budget
statement for the financial year 2019/2020. We were aggrieved that the tabling of the budget estimates
without incorporation of the Division of Revenue Bill 2019, which Bill dictates the sharing of revenue
between the National and County Governments, was illegal and unconstitutional, and that it had violated
the budgeting process prescribed in Articles 218 and 221 of the Constitution of Kenya.

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