KURA sued over alleged failure to disclose Ngong Road flyover records

The petition, filed by governance advocate and public interest litigant Francis Awino, alleges that KURA failed to respond to a formal request for information made on June 19, 2026 under Article 35 of the Constitution and the Access to Information Act.

The petitioner contends that the requested records concern a publicly funded infrastructure project and should be accessible to the public.

According to the court documents, Awino sought details including the project’s approved budget, expenditure records, payments made to contractors and consultants, procurement documents, tender evaluation reports, implementation schedules, variation orders, inspection reports and audit findings.

He argues that despite receiving the request, the respondents neither provided the information nor gave any lawful reasons for declining to do so.

The petition claims that the alleged refusal violates Articles 10, 35, 47, 73, 201 and 232 of the Constitution, which require transparency, accountability, fair administrative action and prudent management of public resources.

It further argues that withholding information on the project undermines public oversight and denies citizens the opportunity to scrutinize the use of taxpayers’ money.

Among the orders sought, the petitioner wants the court to declare that KURA’s actions are unconstitutional, compel the authority to release the requested information within seven days of judgment, direct the Commission on Administrative Justice to oversee compliance, and award general, exemplary and aggravated damages for the alleged violation of constitutional rights.