County Executive Provides Public Access to Register of Development Applications Following Ombudsman’s Orders
The County Executive Committee Member for the Built Environment & Urban Planning of the Nairobi City County Government has finally made available for public access the Register of Development Applications at his office pending Guidelines by the Ministry of Lands, Public Works, Housing and Urban Development on the modalities of access.
This follows an order by the Commission directing compliance with Section 62 of the Physical and Land Use Planning Act, 2019. The Commission also requested that the CECM considers the proposals from the Karen & Langata District Association (KLDA) when formulating guidelines for access to an online version of the Register.
The Association had made an appeal for review to the Commission under the Access to Information Act, 2016, following challenges they faced in obtaining information relating to development applications within the County. In its letter to the CECM, the Commission drew his attention to Section 62 of the Physical and Land Use Planning Act, 2019, which provides:
“62 (1) Each county executive committee member shall maintain a register of documents submitted by applicants for development permission and shall issue a submission certificate to every applicant who submits such documents.
(2) Each county executive committee member shall maintain a register of development permission and shall enter the details of each applicant for development permission, whether or not development permission was granted to that applicant and the details of the proposed project for which development permission has been applied for.
(3) A register maintained by a county executive committee member under this Act shall be open to the public for scrutiny and the Cabinet Secretary shall publish guidelines for public access to that register.”
Additionally, Article 35(1)(a) of the Constitution guarantees every citizen the right of access to information held by the State. Furthermore, Article 35(3) requires the State to publish and publicise important information affecting the nation. Section 5 of the Access to Information Act, 2016, also mandates all public entities to proactively disclose important information. The Commission opines that establishing a development register will enable citizens to access information, scrutinise the actions and decisions of duty bearers, and thereby promote the principles of good governance.
The Commission, therefore, requested the CECM to respond within 21 days, indicating the corrective measures put in place by his office to establish the development register in accordance with Section 62 of the Physical and Land Use Planning Act, 2019, to facilitate citizen access to information and uphold constitutional guarantees and statutory provisions.
The CECM did not respond to the Commission's letter dated 14th February, 2025. This prompted the Commission to invoke its powers under Article 252(3) of the Constitution and Section 23(1)(a) of the Access to Information Act and issue summons dated 26th March, 2025, to Mr. PM, CECM, to attend the Commission on 7th April 2025.
In compliance with the summons, Mr. PM, appeared before the Commission on 7th April, 2025. He submitted that the Nairobi City County Government had established the development register in compliance with Section 62 of the Physical & Land Use Planning Act, and had developed a template to facilitate access. However, he stated that the lack of guidelines from the Ministry of Lands, Public Works, Housing and Urban Development on managing the development register was hampering compliance. As such, the CECM had sought guidance on the same from the Cabinet Secretary of the Ministry.
Following the deliberation of the summons, the Commission informed KLDA of the position and noted that, in the interim, KLDA is at liberty to make a request to inspect the established development register by filling in the template developed by the CECM to enable access.
Additionally, the CECM was advised that the Access to Information Act, 2016, overrides Regulation 29(2) of the Physical and Land Use Planning (Development Permission and Control (General) Regulations, 2021. The Commission, therefore, drew his attention to the provisions of Section 4 (2) of the Access to Information Act which provides:
“Subject to this Act, every citizen’s right to access information is not affected by-
(a) any reason the person gives for seeking access; or
(b) the public entity’s belief as to what are the person’s reasons for seeking access.”