Nairobi — The Office of the Ombudsman has directed Agriculture Principal Secretary Kiprono Ronoh to release all records relating to the leasing of four public sugar companies within 21 days, warning that failure to comply could trigger criminal prosecution.
In a notice issued on Monday, the Commission said the PS must provide the documents following a formal access-to-information request and reminded the ministry of its obligations under the Access to Information Act.
"Failure to do so will result in a recommendation for criminal prosecution under Section 28 of the Act," the notice reads.
The order follows a complaint by a citizen, identified as Mr AO, who sought copies of the leasing documents on July 29, 2025, but received no response from the Agriculture ministry.
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The request specifically asked for the letters of award, the full lease agreements, and the criteria used to select private companies taking over operations at Muhoroni, Nzoia, Chemelil and Sony Sugar.
The Ombudsman noted that while some sections of the documents may fall under restricted information, the PS is still obliged to release redacted versions.
"The information requested may contain elements subject to limitations under Section 6(1). Therefore, a redacted version will suffice," the Commission stated.
The Commission said the PS failed to respond within the legally required seven days after formally receiving the request on September 5, 2025.
Acting under Sections 22 and 23 of the Act, the Ombudsman has now issued a binding order compelling the PS to grant access to the documents and demonstrate full compliance within 21 days or face criminal sanction.
This comes days after Agriculture and Livestock Development Cabinet Secretary Mutahi Kagwe assured Parliament that every single investment made by private operators in the four state-owned sugar mills will automatically revert to the Government at the end of the 30-year concession period.
The CS said the long-term leases finalized on May is a strategic shift in public sugar management, aimed at unlocking private capital while safeguarding long-term public ownership.
The government leased South Nyanza (Sony) to Busia Sugar Industry Ltd, Nzoia to West Kenya Sugar Company Ltd, Chemelil to Kibos Sugar & Allied Industries Ltd, and Muhoroni to West Valley Sugar Company Ltd.
According to Kagwe, the Government deliberately adopted a model that restores efficiency and protects farmers.
"These leases are not handovers. They are performance-driven concessions designed to revive factories, grow cane, protect farmers and modernise production," he told MPs.
Terms of Agreement
Under the agreements, investors will pay annual lease rent of KSh 40,000 per hectare for Chemelil, Muhoroni and Sony, and KSh 45,000 per hectare for Nzoia.
They will also pay a concession fee of KSh 4,000 per tonne of sugar and KSh 3,000 per tonne of molasses, plus a one-off goodwill payment equivalent to one year's lease rent.
Kagwe said the leasing package overing land, buildings, plant and machinery was designed as a comprehensive ecosystem.
"We leased the mills as composite assets. The nucleus estate land and the standing cane were not valued separately, because they are part of the entire operating system," he clarified.
He emphasised that the agreements impose strict obligations on the operators adding that millers are also required to diversify into cogeneration, bioethanol and other value-added activities to strengthen the industry's sustainability.
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"The lessees must invest in cane development, rehabilitate the factories, modernise technology and improve milling efficiency. These are not optional commitments," he said.
"Following the leasing of the four mills, no single company controls more than 50 per cent of the national sugar market," he added.
He further assured Parliament that the Sugar Act, 2024 and the Competition Act give regulators the mandate to prevent any form of market capture.
The CS said revenues from the leases will directly support cane farmers and local communities.
"The proceeds will go into farmers' bonuses, cane development, infrastructure, and strengthening out-grower systems," he told MPs.
