Wanzetse & 10 others v Kakamega Public Service Board (Constitutional Petition E006 of 2024) [2025] KEELRC 896 (KLR)
The bottom line
#Kenya's courts require you to first complain to the access-to-information oversight body before suing over denied government records.
What this practically means
#Executive summary
#Key legal issues
#Whether the court's jurisdiction was invoked prematurely by bypassing the review mechanism under the Access to Information Act
Yes - the petitioners were required to first seek review by the Commission on Administrative Justice under Sections 14 and 21 of the Act before approaching the court; the petition was premature and was struck out.
The Access to Information Act gives effect to Article 35 and confers oversight and enforcement powers on the Commission on Administrative Justice, including power to review refusals to grant access (Section 14(1)(a)) and to order release of unlawfully withheld information. Applying the exhaustion doctrine in Speaker of the National Assembly v Karume and Muthinja, the court held that where a clear dispute-resolution mechanism exists outside courts it must be exhausted first, consistent with Article 159(2)(c) promoting alternative dispute resolution.
Whether the preliminary objection on jurisdiction should be upheld
The objection that the petition was prematurely filed was upheld; the petition was struck out.
Relying on the principle in Owners of the Motor Vessel 'Lillian S' that jurisdiction is everything, the court determined the jurisdictional objection before the merits. It found that Sections 14, 20, 21 and 23 of the Access to Information Act prescribe a review and complaint mechanism through the Commission before court proceedings, and the petitioners did not respond to that contention.
Legal principles established
#- Where an established and elaborate statutory procedure exists for resolving access-to-information disputes, a petition to the court is a port of last resort and the statutory mechanism must first be exhausted
Court orders
#- 1.The petition herein was filed in court prematurely and is hereby struck out.
- 2.There is no order as to costs.
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution (ELRC jurisdiction); Article 35 as read with the Access to Information Act, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanzetse & 10 others v Kakamega Public Service Board (Constitutional Petition E006 of 2024) [2025] KEELRC 896 (KLR)", Case Analysis (2025). Constitutional Petition No E006 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/896/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.