Kenya: KETRACO Withholds Adani Deal Details Amid Ongoing Negotiations

4 October 2024

Nairobi — The Kenya Electricity Transmission Company (KETRACO) has declined to disclose information regarding the company's reported partnership agreements with an Indian firm Adani Energy Solutions, whose sister company is also facing opposition on the Jomo Kenyatta International Airport proposed lease.

Responding to a request for information letter in regards to the partnership by the IC Law advocates, KETRACO managing Director John Mativo said that given that the request is under consideration, "it falls under Section 4(1) of the Access of Information Act" and thus no final decision on disclosing the information has been made.

In a letter, Last Month, the law firm had requested access to critical information regarding the reported agreement with Adani.

The letter, dated September 11, cites the firm's right to access public information, as guaranteed by the Kenyan Constitution, demanding full disclosure of the project agreements related to the partnership, the financial capacity of Adani Energy Solutions as the tendering company, the tendering process undertaken for the projects, and an appraisal of the legal, regulatory, social, economic, and commercial viability of the projects.

Furthermore, the firm requested details on public participation in the decision-making process, approval from the Attorney General, and any letters of support, credit guarantees, or risk guarantees issued by the relevant ministries.

"We require this information within fourteen (14) days of receipt of this letter. Failure to which we shall exercise our rights in accordance with the law," read the letter by I.C. law in part.

Mativo has however said that after due consideration and finalization of the process, the requested information "may be" availed.

"Further reliance is made to section 6(1) of the Access to information act as the issues are under active review consideration and no final decision has been reached. We undertake that after due consideration and finalization of the process, the requested information maybe availed," he stated

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