Nairobi — The Commission on Administrative Justice (CAJ) has issued an Access to Information notice to the National Environment Management Authority (NEMA), demanding an explanation over its alleged failure to provide records relating to approved and pending power projects in Marsabit County.
In a notice dated February 12, 2026, Access to Information Commissioner Dorothy Jemator said the Commission had received an application for review from James Gitau, who is seeking disclosure of all approved and pending Environmental Impact Assessment (EIA) studies and licences issued for power projects in the county.
The CAJ directed NEMA Director General Mamo Mamo to furnish certified copies of entries in its Access to Information Register and submit an institutional report relevant to the request.
"TAKE NOTICE that if no response is received from your office within SEVEN (7) DAYS from receipt of this Notice, the Commission may proceed to give a determination, your response not-withstanding," the notice reads.
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"THE COMMISSION hereby notifies you of the application and requests for the following; a certified copy of entries in the Access to Information Register relating to the request made by the Applicants; and your Institutional Report or further information which may be relevant to the request."
The dispute stems from an information request lodged on November 1, 2025, in which Gitau sought comprehensive details on all EIA approvals, pending studies, licensing timelines, land ownership documents submitted to NEMA, and fees paid in relation to power projects in Marsabit County.
In his correspondence, Gitau questioned whether NEMA had complied with the Constitution, the Environmental Management and Coordination Act (EMCA) and the Community Land Act, 2016, particularly in light of past court rulings touching on community land registration in Marsabit.
He also raised concerns over what he described as a lapse in the statutory response period and alleged email delivery restrictions that hindered submission of supporting documents.
The CAJ confirmed receipt of the review application dated December 26, 2025, alongside copies of the initial request and subsequent correspondence, and has now formally escalated the matter to NEMA for response.
Under the Access to Information Act, 2016, the Commission serves as the oversight body mandated to enforce the right to access information, including summoning public officers and compelling the production of documents where necessary.
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