Ombudsman seeks answers from CMA over delayed KQ, Uchumi responses

Ombudsman seeks answers from CMA over delayed KQ, Uchumi responses

NAIROBI, Kenya, Mar 3 – The Commission on Administrative Justice has called on the Capital Markets Authority (CMA) to provide a detailed institutional report regarding a request for information that has been left unaddressed. 

The request pertains to the suspension of Kenya Airways shares from trading at the Nairobi Securities Exchange (NSE) and financial statements of Uchumi Supermarkets PLC for the financial years between 2020 and 2024.

In a letter dated February 28, 2025, the Ombudsman’s office informed the CMA that an application for review had been lodged by I.C. Law Advocates on behalf of their client, Francis Wanjiku.

The application, which had been submitted on December 26, 2024, sought vital information from the CMA regarding whether Kenya Airways PLC had requested another extension for the suspension of its shares from trading, a certified true copy of the request for suspension submitted by the airline, and a certified true copy of Uchumi Supermarkets PLC’s financial statements for the years between 2020 and 2024.

However, the Ombudsman noted that the statutory timelines set under the Access to Information Act, 2016 (ATI Act) for processing the request had passed without a response from the CMA.

As a result, the Commission has demanded that the CMA submit its institutional report within seven days to facilitate an appropriate decision on the matter.

The Ombudsman further emphasized that failure to comply within the stipulated timeline may result in the Commission making a decision based on available information, regardless of the CMA’s response.

Dorothy Jemator, the Access to Information Commissioner, urged the CMA to promptly address the request and submit the necessary details to avoid further administrative action.

“The Commission notes that the statutory timelines to process the request for information under section 9(1), ATI Act have since lapsed,” read the letter in part.

“Therefore, the Commission requests for your Institutional Report under section 22(3), ATI Act within seven (7) days to allow appropriate decision on the application.”