A geothermal well gushes steam at Menengai Crater on May 14, 2011. The well has a capacity to produce 8 megawatts. Nairobi Law Monthly wants KenGen to allow it unhindered access to all information and documents relating to geothermal power contracts between the company and two others. PHOTO/ FILE
By Emeka-mayaka Gekara gmayaka@ke.nationmedia.com
Posted Friday, January 6 2012 at 22:30
Posted Friday, January 6 2012 at 22:30
IN SUMMARY
- Publisher has filed a constitutional reference before the High Court over right to access information
The Bill of Rights in the Constitution is celebrated as one of the most progressive in the world.
Aware of gross human rights violations committed against Kenyan citizens by the Nyayo regime, the framers of the Constitution were trying to shield institutions, the people as well as their freedoms.
Among the most guarded freedoms in the supreme law is that of expression and access to information, which have been at the centre of conflicts between the government and journalists for decades.
And in what might yield a landmark ruling that may dramatically impair the State’s control of information, the publisher of the Nairobi Law Monthly has put the Bill of Rights to test, particularly on the right to access information held by government.
The publisher has filed a constitutional reference before the High Court revolving around the right to access information. The High Court is expected to make a decision on the matter next month.
Article 35 says that every citizen has the right of access to information held by the State and information held by another person and required for the exercise or protection of any right or fundamental freedom.
The constitutional reference is also grounded in Article 33 of the supreme law. It says: “Every person has the right to freedom of expression, which includes freedom to seek, receive or impart information or ideas.”
In the petition before the High Court, the magazine wants power firm KenGen to allow it unhindered access to all information and documents relating to geothermal power contracts between the company and two others.
In the test case, the magazine, published by lawyer Ahmednasir Abdullahi, demands access to special reports, board minutes and e-mails, otherwise confidential and high-level correspondence from KenGen.
This is the first time since the enactment of the new laws that a media house is demanding to access all information from a State agency through a court process.
“The documents filed in court seek answers as to whether the Bill of Rights is alive or amounts to nothing more than platitudes and principles of hope,” argues Mr Abdullahi.
It all started in October when the magazine carried a story that exposed what it claimed were questionable contracts and corrupt dealings involving KenGen and Norwegian and Chinese companies.
Subject of inquiry
It said that millions had changed hands in the geothermal power contracts, which at one time became the subject of inquiry by the House Committee on Energy.
The Nairobi Law Monthly said that the geothermal sector was the next frontier for kickbacks for the Kenya corrupt elite.
KenGen and managing director Eddy Njoroge have since sued the magazine for defamation.
Mr Njoroge accuses the magazine of making false and libellous allegations.
Among other things, Mr Njoroge is disputing claims that Norwegian firm Green Energy delivered defective machines for a well but KenGen went ahead and awarded it a bigger contract to supply and instal 14 more wellheads.
The chief executive also takes issue with allegations that Mr Njoroge was on the side of the Norwegian company and that it had been favoured in the award of tenders.
Further, Mr Njoroge is uncomfortable with the magazine’s assertion that there was no competitive bidding in the procurement of the contract for the first wellhead generator.
“Yes, there was a newspaper advert but the Norwergian company already had its foot inside the tent,” said the monthly.
According to the agreement, Green Energy was to receive an advance payment of Sh330 million before testing the machinery and 50 per cent of the tender amount on producing a bank guarantee of Sh95 million.
“The agreement is lopsided as it allows KenGen to carry all risks of project while allowing the Norwegians to receive payments without putting much of their money in it.”
But Mr Ahmednasir says that he does not understand what was defamatory in the article and describes the defamation suit as a belated attempt to “obfuscate” the real issues.Mr Njoroge argues that the story depicted that he was involved in corruption and illegal behaviour. He also argues that the story had implied he connived with third parties to defraud KenGen of millions of shillings.
Posts
No comments:
Post a Comment