Show Us the Contracts Tracker

"Show Us The Contracts" Tracker

MONITORING GOVERNMENT RESPONSES TO OUR REQUEST FOR SGR & CT2 CONTRACTS

Last updated: 28 May 2020

On 16 December 2019, Okoa Momabsa filed an Access to Information (ATI) request with the Government of Kenya, seeking the release of agreements, contracts and other documents relating to the Standard Gauge Railway (SGR) and Container Terminal 2 (CT2) at the Port of Mombasa.

The US$3.6 billion SGR is the most expensive infrastructure project in Kenya’s history, and was financed mostly via loans through the Export-Import Bank of China. Despite the enormous cost, agreements related to the project’s financing have never been made public. President Uhuru Kenyatta promised to release the contracts in 2018, but has yet to follow through.

Our request is simple: We want the government to #ShowUsTheContracts, as is our right under Kenya’s constitution. Our ATI request demanded these documents from five separate government entities: 

  • The Principal Secretary of the Ministry of Transport, Infrastructure Housing, Urban Development and Public Works;
  • The Managing Director of Kenya Ports Authority;
  • The Managing Director of Kenya Railways;
  • The Director General of Kenya National Bureau of Statistics; and
  • The Registrar General.

This page tracks the Government’s responses to our ATI request. To date, we have not received any substantive information responsive to our request. All government responses have been evasive, focusing on why they cannot release the documents.   

Note: a number of the responses below are from the Office of the Ombudsman, which is the government agency tasked with ensuring enforcement of the Access to Information Act. These letters were sent to the government agencies at issue, demanding release of the documents. These have mostly been ignored.  

Table of responses: Access to Information Request for SGR & CT2 contracts

DateFromLinkNotes
17/12/2019Okoa MombasaFull requestOkoa Mombasa’s original ATI request
18/12/2019Kenya RailwaysFull letterRefused to provide documents. “Not able to provide the information on account of Section 6(1) and (2) Access to Information Act and due to contractual obligations of the parties.”
23/12/2019Okoa MombasaFull letterOur response to Kenya Railways’ 18 Dec 2019 letter, asking for clarifications re non-disclosure.
17/01/2020Office of the OmbudsmanFull letterLetter from the Ombudsman to the Ministry of Transport, demanding compliance with Okoa Mombasa’s ATI request.
17/01/2020Office of the OmbudsmanFull letterLetter from the Ombudsman to the Kenya Ports Authority, demanding compliance with Okoa Mombasa’s ATI request.
17/01/2020Office of the OmbudsmanFull letterLetter from the Ombudsman to the Kenya National Bureau of Statistics, demanding compliance with Okoa Mombasa’s ATI request.
17/01/2020Office of the OmbudsmanFull letterLetter from the Ombudsman to the Registrar General, demanding compliance with Okoa Mombasa’s ATI request.
06/02/2020Kenya National Bureau of StatisticsFull letter

SGR statistics

Port statistics
Response to the Ombudsman’s 17 Jan 2020 letter, providing statistics for the SGR & Port of Mombasa
06/03/2020Registrar GeneralFull letterResponse to the Ombudsman’s 17 Jan 2020 letter, requesting payment for the documents requested (650 Ksh search fee & 500 Ksh per page for certified copies).
12/03/2020Office of the OmbudsmanFull letterLetter from the Ombudsman in response to the Registrar General’s 6 March 2020 letter.
16/03/2020Office of the OmbudsmanFull letterLetter from the Ombudsman, noting that Kenya Railways has not complied with Okoa Mombasa’s ATI request, and demanding compliance.
17/04/2020Kenya RailwaysFull letterLetter from Kenya Railways to the Ombudsman, explaining why they will not disclose the records that Okoa Mombasa seeks.
06/05/2020Office of the OmbudsmanFull letterLetter from the Ombudsman, forwarding Kenya Railways’ letter of 17 April 2020 to Okoa Mombasa
28/05/2020Okoa MombasaFull requestOkoa Mombasa resends its original ATI request to the Solicitor General, as directed in a letter from Kenya Railways.