The Kenya Electricity Transmission Company(KETRACO) has withheld information regarding its partnership agreements with Adani Energy Solutions, an Indian conglomerate.
Responding to the IC Law advocates 'request for information letter regarding the partnership, KETRACO managing Director John Mativo said that, given that the request is under consideration, “it falls under Section 4(1) of the Access of Information Act,” and thus, no final decision on disclosing the information has been made.
In a letter dated September 11, 2024, the law firm requested access to critical information regarding the reported agreement with Adani.
The letter cited the firm’s right to access public information, as guaranteed by the Kenyan Constitution, demanding full disclosure of the project agreements related to the partnership, the financial capacity of Adani Energy Solutions as the tendering company, the tendering process undertaken for the projects, and an appraisal of the legal, regulatory, social, economic, and commercial viability of the projects.
Similarly, the firm requested details on public participation in the decision-making process, approval from the Attorney General, and any letters of support, credit guarantees, or risk guarantees issued by the relevant ministries.
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“We require this information within fourteen (14) days of receipt of this letter. Failure to which we shall exercise our rights in accordance with the law,” read the letter.
However, Mativo said that after due consideration and finalization of the process, the requested information “may be” availed.
“Further reliance is made to section 6(1) of the Access to information act as the issues are under active review consideration and no final decision has been reached. We undertake that after due consideration and finalization of the process, the requested information maybe availed.”
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