Thirdway Alliance Kenya has formally requested the disclosure of the contract between the Government and Dangote East Africa Refinery and Petrochemicals SEZ over the proposed refinery project in Lamu. The request, made by party leader Ekuru Aukot, invokes Article 35 of the Constitution and the Access to Information Act, 2016. Aukot seeks access to the agreement and details of the project's ownership structure.
Aukot's request covers the full contract, including execution copies, schedules, side letters and any subsequent amendments involving the Government, a public entity and Dangote Group or its project entity. The party also wants to know if a definitive agreement has been signed and, if not, its present status and any existing draft agreements. Aukot stated that seeking access to public government contracts is an inalienable constitutional right.
The request comes after President William Ruto criticised those questioning the Government's arrangements with the Nigerian business group. Aukot responded to the President's remarks, saying citizens seeking information about the project had been referred to as “matapeli”. The party welcomes foreign investment but maintains that Kenyans should be able to scrutinise contractual commitments made by the Government.
Thirdway Alliance is also seeking information on whether the project was laid before, debated, approved or ratified by Parliament. The party wants relevant Hansard records, committee proceedings, resolutions and approval documents if parliamentary consideration took place. If the project was not presented to Parliament, the party wants the Government to explain whether parliamentary approval is required.
The party is seeking a list of all beneficial owners and current directors of Dangote East Africa Refinery and Petrochemicals SEZ. Aukot also wants official CR12 documents for locally incorporated corporate shareholders, registry documents for foreign shareholders and the memorandum and articles of association for the companies involved. The beneficial owners of all local and foreign shareholders must also be disclosed.
Aukot said the Government should publish the agreement and material commitments on an official website in line with constitutional requirements. He urged the Attorney-General to ensure the request is processed, adding that failure to provide the requested information could trigger legal action. The party expects a response within 21 days as provided under the Access to Information Act.
If the evidence establishes that President Ruto personally directed or maintained an unlawful refusal, Thirdway Alliance Kenya shall commence proceedings against the state and against him personally after he leaves office. The Government has yet to respond publicly to the request.
Key points
- Ekuru Aukot requests contract details for Lamu refinery project
- Thirdway Alliance Kenya invokes Article 35 of the Constitution
- Aukot expects response within 21 days as provided under the Access to Information Act
