A Siaya-based community organisation opposed to the proposed nuclear power project in the county has lodged an appeal with the Commission on Administrative Justice (Office of the Ombudsman), accusing the Nuclear Power and Energy Agency (NuPEA) of failing to provide critical information about the planned project.
The Friends of Siaya Anti-Nuclear Plant (FSANP) says it has invoked Section 35 of the Access to Information Act, 2016, in what it describes as an unprecedented challenge to a government nuclear agency over the public’s constitutional right to access information.
The organisation’s appeal centres on 62 categories of documents it says it requested from NuPEA concerning the proposed Siaya Nuclear Energy Project, which is planned in the Lake Victoria region.
FSANP alleges that NuPEA has failed to provide information relating to key aspects of the project, including environmental assessments, resettlement plans, radiation safety measures, international agreements and records of public participation.
The community group says the information is essential for residents to understand the potential environmental, social and economic implications of the proposed nuclear facility before the project progresses to further stages.
According to FSANP, the project could affect communities whose livelihoods depend on fishing, farming and other economic activities around the Lake Victoria basin.
The organisation has also raised concerns about the potential consequences of a major nuclear installation on Lake Victoria, a transboundary water resource shared by Kenya, Uganda and Tanzania.
FSANP argues that environmental and safety information concerning the project should therefore be made available to affected communities and other stakeholders to enable meaningful participation in decisions that could have long-term consequences.
The appeal includes a 62-item compliance matrix which, according to the organisation, details the information requested, the responses received from NuPEA and the areas where it believes the agency failed to comply with its obligations under the Access to Information Act.
The community organisation has cited several judicial decisions, including Supreme Court and Court of Appeal precedents, in support of its case.
It is asking the Commission on Administrative Justice to issue orders compelling NuPEA to release the information it says remains outstanding and, where particular documents are held by other public entities, to facilitate the transfer of the requests to the relevant institutions.
Among the documents sought are the Strategic Environmental Assessment Report, resettlement frameworks, radiation safety plans, agreements relating to the project and records of public participation.
FSANP has further asked the Ombudsman to recommend that the National Environment Management Authority (NEMA) refrain from granting further approvals relating to the project until the requested information has been disclosed and meaningful public participation undertaken.
The organisation’s interim coordinating committee says the dispute is fundamentally about transparency and the constitutional right of citizens to scrutinise government decisions.
“NuPEA told us to wait. To trust them. To close our eyes and hope for the best. But we are not children, and Lake Victoria is not their playground,” said FSANP designated contact person Otieno Ombok.
“We asked for 62 documents. They gave us excuses. We asked for transparency. They gave us a smokescreen. Today, we are done asking. Today, we are demanding.”
FSANP says its appeal represents a significant test of the implementation of Article 35 of the Constitution, which guarantees every citizen the right to access information held by the State and information held by another person where the information is required for the exercise or protection of a fundamental right or freedom.
The organisation argues that access to information is particularly important where a proposed development could have significant environmental and social consequences.
It has also framed the dispute as a test of the government’s commitment to public participation in major infrastructure and energy projects.
The proposed nuclear project has generated interest among communities and environmental stakeholders because of its potential scale and the sensitivity of the Lake Victoria ecosystem.
FSANP says communities must be given adequate information before they can meaningfully participate in consultations or express informed views on the project.
The organisation has requested expedited consideration of its appeal and says it expects the Commission to enforce the obligations imposed on public institutions by the Access to Information Act.
It also maintains that public bodies cannot use bureaucratic procedures to indefinitely delay access to information that citizens are legally entitled to obtain.
For the Siaya group, the Ombudsman case is therefore not simply about the 62 documents it has requested but about establishing a wider precedent on government transparency in projects with potentially far-reaching environmental and public-interest implications.
“They have the money. They have the power. They have the agencies. But we have the Constitution. We have the law. And we have the people,” the FSANP interim coordinating committee said.
The dispute now puts the spotlight on NuPEA’s handling of requests for information about the proposed nuclear project and on the role of the Commission on Administrative Justice in enforcing citizens’ access-to-information rights.
FSANP says it will continue pursuing the matter until the documents it has requested are disclosed and affected communities are given an opportunity to participate in decisions concerning the proposed project.
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