In an affidavit, Dr. Njoroge also that it would be a breach of the terms of the contract if two activists requesting the disclosure of SGR documents were given access to them.
“After receiving the request for information from the petitioners (Ms. Wanjiru Gikonyo and Khelef Khalifa) of Kenya Railways Corporation replied, stating that the contracts for the projects for which information is requested are between the governments of the People’s Republic of China and the government of Kenya, ”said Dr. Njoroge.
If the requested orders are awarded, he warns, this would endanger national security and violate foreign relations with the countries with which Kenya has bilateral agreements and stifle the successful implementation of national transport policy.
The PS also says that the petitioners have failed to explain why they need the documents and how the public would benefit from them.
The PS says that the discretion of the respondents Not to disclose the documents, constitutionally protected under Section 6 (10) and (20) of the Access to Information Act, as disclosure could likely undermine national security.
Dr. Njoroge also argues that the petition is premature and an abuse of the court’s proceedings.
Controversy and secrecy
Mr Khalifa had in two letters dated December 16, 2019 and May 13, 2021 the Attorney General and Chief Secretaries in the Ministries of Transportation and the National Treasury to provide copies of the agreements between the Government and any service providers or third parties regarding the SGR.
Mr. Khalifa also requested all feasibility study contracts related on the construction, operation and maintenance of the SGR and all documents pertaining to the expression of interest drawn up by the government for the financing, construction, management and maintenance of the railroad.
The petitioners argue that the secrecy of the Documents against the law and transparency in administration.
“S GR is the largest capital-intensive infrastructure project ever built in the country, but extraordinary despite it With public spending, the project was carried out with controversy and secrecy from the start, ”argue the petitioners.
Basic information about the funding, tendering process and construction of the project has not been published, they say.
Mr. Khalifa and Ms. Gikonyo argue that the capital-intensive project has a profound impact on public resources and citizens’ livelihoods have been made without public involvement and insufficient information on the impact on public money and other assets.
You want to issue an order forcing respondents to provide the information at their own expense. The case will be mentioned on March 31st