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.

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.