Two petitioners have won illegal tendering case at Kisii High Court against the Kisii County Government, it has emerged.
Boniface Ongera Mangaa and Vincent Mose Gekone filed a petition on June 2018 demanding for details in construction within streets of Kisii town, arguing that failure to release such information, the government was prejudicing them.
The petitioners further claimed that the county failed to advertise and invite tenders for the construction of several streets within Kisii town in violation of the provisions of the Public Procurement and Disposal Act, 2005.
The Petitioners averred that they do not have information regarding the parties who won the tenders at the end of the tendering process.
They further stated that as the construction of the streets progressed, the companies involved in the construction failed to display sign posts to show who was responsible for the construction in violation of the Public Procurement Act.
Under article 35(1) the constitution of Kenya, citizens are allowed to have access to public information.
According to the Judgement delivered at Kisii High Court on 27th May 2019, Justice David Majanja ruled that the county should not only have published the information also provide details to the public.
In order to enforce that right of access to information, Majanja ordered that the petitioners' letter dated 28th May 2018 shall be deemed to be an application for information under the access to Information Act of 2016.
He further ordered the county government of Kisii to deal with the request in accordance with the provisions of the access to information Act, 2016 without prejudice.
Majanja said there shall be no order for costs in the case.
The respondents to the case were The Kisii County governor, CEC Roads and Public works, Chief Officer roads and public works, Kisii Urban Engineer, Kisii County head of procurement and the County government of Kisii.