Muthangari Traffic Base Commander Ordered to Release Information

The Commission has issued an order that the Traffic Base Commander, Muthangari Police Station, facilitates access to information and records held relating to the request for information made by Mwangi and Wahome & Co Advocates on behalf of Protas Shimenga through a letter dated 23^rd November 2023. 

The law firm requested information from the Traffic Base Commander, Muthangari Police Station under Sections 4,5, and 8 of the Access to Information Act, 2016, on behalf of their client, Mr. Protas Shimenga, to aid him in defending himself in a court case. The information and documents sought included;

1. A certified copy of the OB extract No 54/1/6/2020;
2. A Police Abstract for the accident of 1/6/2020 involving MV Regn No. KAK *** D and KMEL ***Y along Gitanga –Muthangari-Garsen roads junctions (OB 54/1/6/2020);
3. A certified copy of the Motor Vehicles Inspection Report of motor vehicle Regn No. KAK ***D; and 
4. A copy of the P3 form. 

The Base Commander did not respond to the request within the stipulated time in the Act which compelled the law firm to appeal for review to the Commission. 

The Commission in a letter dated 7^th December, 2023, requested the Base Commander to respond to the request in line with section 9 (4) of the Access to Information Act, 2016. 

The Base Commander did not respond to the information request and the letter by the Commission leading to the issuance of an order by the Commission on 11^th March 2024.

“The Commission has successfully considered the request for information contained in the requests letter dated 23rd November 2023 and the Commission letter Ref: CAJ/ATI/NPS/015/44/23-MW dated 7th December 2023. The Commission has received no response or disclosure of information made by the respondent. Pursuant to powers granted by section 22 (3)(a)(i) and 23 (2)(a) of the Access to Information Act, 2016, the Commission determined that the information requested by the requester is public information /records held by the respondent,” read the order of the Commission. 

The Commission therefore ordered that;

1. The Traffic Base Commander, Muthangari Police Station, does facilitate access to information and records held relating to the request for information made by Mwangi and Wahome & Co Advocates on behalf of Protas Shimenga through a letter dated 23rd November, 2023. 
2. Compliance with No. 1 be within seven days from the date hereof.