NAIROBI, Kenya Jul 28 – The High Court in Nairobi has been moved to compel the Kenya Urban Roads Authority (KURA) to disclose records relating to the development of the Ngong Road–Naivasha Road Flyover, with a petitioner arguing that the public has a constitutional right to scrutinize the project.
Governance advocate and public interest litigant Francis Awino filed the constitutional petition against KURA and its Director General, Silas Kinoti, after the authority allegedly failed to respond to a request for information submitted on June 19, 2026.
Awino says he sought the records under Article 35 of the Constitution and the Access to Information Act, maintaining that the project is financed with public funds and its documentation should therefore be available for public inspection.
The documents sought include the project’s approved budget, procurement records, tender documents, bid evaluation reports, contracts, payments made to contractors and consultants, implementation timelines, variation orders, inspection reports, audit reports and expenditure statements.
According to the petition, KURA neither supplied the requested information nor communicated any legal justification for declining the request within the period prescribed by law.
Awino argues that the authority’s conduct amounts to a violation of the constitutional principles of openness, accountability and good governance, and frustrates the public’s ability to monitor how taxpayers’ money is being utilized.
The petition cites Articles 10, 35, 47, 73, 201 and 232 of the Constitution, arguing that KURA has a legal duty to facilitate access to information and uphold transparency in the management of public resources.
Among the reliefs sought, the petitioner wants the court to declare KURA’s failure to disclose the records unconstitutional, order the authority to release the information within seven days, direct the Commission on Administrative Justice to oversee compliance, and award damages for the alleged infringement of his constitutional rights.
The case places renewed focus on the constitutional obligation of public institutions to disclose information relating to taxpayer-funded infrastructure projects and could shape future enforcement of Kenya’s access to information laws.
