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Court Makes Landmark Ruling in SGR Deal Case

  • The High Court sitting in Mombasa has ordered the government to make public the Standard Gauge Railway (SGR) contract.

    In a ruling delivered on Friday, May 13, the court stated that the government did not provide sufficient evidence in its defense to prove that the contract between it and the Chinese government was of national security and thus cannot be disclosed.

    In their petition number E032 of 2021, the petitioners – Khelef Khalifa and Anor – argued that the contract should be made public in line with the Access to Information Act. 

    Transport Cabinet Secretary James Macharia (second left) and Interior CS Fred Matiang'i (third from left) address the press in Mombasa.
    Transport Cabinet Secretary James Macharia (second left) and Interior CS Fred Matiang’i (third from left) address the press in Mombasa.
    File

    The court agreed with the petitioners that it was within their rights to get such information from the government, and more so from the Cabinet Secretary for Transport and Infrastructure.

    “The court makes a declaration that failure to disclose information in letter of December 16, 2019, violates Article 35(1) and (3) and Article 10 of the constitution,” read the court documents.

    Previously, while appearing before the courts, Transport Principal Secretary Joseph Njoroge, stated that the contract the government had agreed with the Chinese government was a non-disclosure agreement.

    More to follow…

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