NAIROBI, Kenya, May 18-The Court of Appeal has ordered the disclosure of contracts and related documents for the Standard Gauge Railway (SGR) project, upholding a High Court decision that directed the State to release the information under Kenya’s access to information laws.
In a judgment delivered on May 15, 2026, the appellate court dismissed an appeal by the Attorney General, finding no basis to overturn earlier orders requiring disclosure of financing, procurement, construction and operational agreements linked to the project.
The case was brought by activists Khelef Khalifa and Wanjiru Gikonyo, who sought access to documents relating to the SGR, arguing that the information was necessary for public accountability given the scale of public funding involved.
“There are not “two systems of law governing access to information, but a single constitutional framework anchored in Article 35.”
“The State holds information as a constitutional custodian rather than a private proprietor.”
The Court held that the Government had not provided sufficient evidence to justify withholding the records, noting that general references to national security, foreign relations and confidentiality clauses were not adequate on their own to meet the legal threshold for exemption.
The dispute centres on the Standard Gauge Railway under the Standard Gauge Railway, a major infrastructure project financed through public borrowing and bilateral arrangements.
The judges also pointed to inconsistencies in submissions by the Office of the Attorney General and Kenya Railways Corporation regarding custody of the documents, saying the explanations were not sufficiently substantiated in evidence.
The Court reaffirmed that the constitutional right of access to information under Article 35 is the default position, and that limitations must be properly justified in line with the law.
It further held that citizens are not required to explain the purpose for which they seek public information, in line with the “motive-blind” principle under the Access to Information framework.
The ruling effectively upholds the High Court orders requiring the State to release the SGR-related contracts, with each party bearing its own costs.
