The Commission on Administrative Justice has ordered the Kenya Railways Corporation (KRC) to release safety and survey records relating to a railway level crossing near Kitale town, after finding that the corporation failed to comply with the Access to Information law.
In a determination dated April 14, 2025, the Commission directed Kenya Railways’ Managing Director to provide the requested information within 21 days, warning that failure to comply could lead to criminal proceedings under the Access to Information Act, 2016.
The ruling follows a complaint filed by a citizen identified as Mr. W.S., who had sought details on the visibility diamond and classification of a level crossing at Beacons N1 and N2 near Kitale Town.
Kenya Railways’ Failure to Present Information
Through a letter dated March 21, 2025, Mr. W.S. requested several documents from Kenya Railways, including the class of the level crossing as recorded on official survey maps, the date when the crossing was approved, whether permission was obtained to change the road orientation at the site, and whether the crossing is listed as a skew or right-angle crossing.
He also requested a marked survey map showing the visibility diamond at the crossing.
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Kenya Railways responded on April 29, 2025, but Mr. W.S. complained that the response did not address his specific request.
Instead, the corporation provided information relating to a different matter, prompting him to seek a review by the Commission.
The Commission formally requested Kenya Railways to submit an institutional report and supporting documents to support its position.
In a rejoinder dated May 28, 2025, Kenya Railways argued that the information requested was not relevant and related to a different level crossing.
However, the Commission found that the response failed to address the exact subject matter of the request.
It further noted that Kenya Railways did not reply to subsequent follow-up letters sent on June 9 and August 23, 2025, seeking final remarks on the issue.
Ombudsman Asserts Oversight Powers under the Constitution
In its determination, the Commission said it had jurisdiction to review the matter under Article 59 of the Constitution and Sections 14 and 21 of the Access to Information Act.
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It noted that Kenya Railways, as a statutory public entity, is subject to oversight and is required to grant access to information it holds.
The Commission further found that the information sought by Mr. W.S. is held and controlled by Kenya Railways, particularly since the corporation is legally mandated to create and maintain records on railway infrastructure, including level crossing registers.
It also concluded that Kenya Railways did not disclose the requested information, noting that the responses provided were either incomplete or unrelated to the specific request.
As a result, the Commission issued binding orders compelling the Managing Director of Kenya Railways to grant Mr. W.S. access to the requested records.
These include the class of the crossing as shown on the survey map, approval dates, correspondence relating to any changes to the road alignment, confirmation of the crossing classification, and a copy of a marked survey showing the visibility diamond.
The Commission directed that compliance be achieved within 21 days from the date of the order.
It warned that failure to comply would result in a recommendation for criminal prosecution of the Managing Director under Section 28 of the Access to Information Act.
While acknowledging that the right to information can be limited in certain circumstances, the Commission said Kenya Railways had failed to demonstrate that any exemption under the Access to Information Act applied in this case.
