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Environment and Climate Change Principal Secretary Ordered to Release Information

The Commission has ordered that the Principal Secretary, State Department for Environment and Climate Change facilities access to information relating to the Framework of Collaboration (FOC) agreement signed between the State Department and Blue Carbon, a company based in the United Arab Emirates, around October, 2023.

Ms. Sarah Wesonga, on behalf of Article 19 Eastern Africa, requested information from the PS on 12th March, 2024. The information sought included all records related to the agreement including but not limited to the deal itself, implementation/ action plans, minutes of negotiations, implementation progress reports, monitoring reports, and any other relevant documents.

The PS did not respond to the request within the stipulated timelines, prompting Ms. Wesonga to appeal for review to the Commission on 3rd May, 2024.

“I am writing to appeal the decision made by the Ministry of Environment, Climate Change, and Forestry to deny my request for information regarding the Framework of Collaboration (FOC) agreement signed between the State Department for Environment and Climate Change and Blue Carbon, a company based in the United Arabs Emirates, around October 2023. On March 12th, I submitted a formal request to the PS, State Department for Environment and Climate Change, although the ministry acknowledged the receipt of my request, the 21 days stipulated by section 9 of the Access to Information Act, 2016, has elapsed without feedback or response hence the application is deemed to have been rejected. Therefore, I kindly request the Commission on Administrative Justice to intervene in the matter and compel the Ministry of Environment, Climate Change and Forestry to provide the requested information promptly,” read the appeal to the Commission.

The Commission took up the matter and on 8th May, 2024, requested the PS to respond to the request within seven days.  

“The Commission notes that the statutory timeliness to process the request for information under section 9(1) of the ATI Act has since elapsed. The Commission, therefore, requests for your institutional report under section 22 (3) of the ATI Act within seven days to allow for appropriate decision,” read the letter. 

The letter by the Commission did not elicit any response prompting the Commission to issue an order on 25th May, 2024, directing the release of the requested information within seven days.