The Office of the Ombudsman has instructed the Principal Secretary (PS) of the State Department for Agriculture to release all documents related to the leasing of four public sugar companies, issuing a strict 21-day deadline for compliance.
In a notice dated Monday, August 8, 2025, the Ombudsman warned the PS that failure to comply with the directive could lead to prosecution.
“The Commission has ordered the Principal Secretary of the State Department for Agriculture to release information on the leasing of sugar companies within twenty-one days. Failure to do so will result in a recommendation for criminal prosecution against the Principal Secretary under Section 28 of the Access to Information Act of 2016,” read the notice.
This order follows a complaint filed by a citizen named Mr. AO, who requested information on the leasing arrangements on July 29, 2025, but received no response from the Ministry.
“The information requested by Mr. AO in his letter dated July 29, 2025, may contain elements that are subject to limitations under Section 6(1) of the Access to Information Act of 2016. Therefore, a redacted version of the requested information/documents will suffice,” said the Ombudsman.
Ombudsman Orders Agriculture PS to Disclose Documents of the Leasing of Sugar Companies
Mr. AO’s request specifically sought:
– The letter of award issued to private entities leasing Muhoroni, Nzoia, Chemelil, and Sony Sugar Company Limited, as well as the criteria used in the allocation.
– The full lease agreements between the government and the respective lessees of the four sugar companies.
According to the Commission, the PS failed to respond within the statutory seven-day period after being notified of the application on September 5, 2025.
The Commission’s notice requested an institutional report or relevant documents to guide further action, as required under the Access to Information Act.
Also Read: Ruto Gives Way Forward on Govt’s Plan to Lease Sugar Mills After Opposition
In its determination, the Commission confirmed that:
- The State Department for Agriculture possesses the information requested by the applicant.
- Some elements of the documents may contain exempt information under Section 6(1) of the Access to Information Act. However, the Commission ruled that redacted versions of the documents would be adequate to comply with the law.
Acting under Sections 22 and 23 of the Act, the Ombudsman issued a binding order requiring the PS to:
- Provide access to the letter of award and lease agreements for Muhoroni, Nzoia, Chemelil, and Sony Sugar Company Limited, including the considerations used in awarding the leases.
- Ensure full compliance within 21 days of the directive’s date.
- Face criminal prosecution under Section 28 of the Access to Information Act if the order is ignored.
President Ruto Describes the Leasing Deals as Win-Win for Farmers
President William Ruto’s decision to lease four state-owned sugar mills, Nzoia Sugar Company (to West Kenya Sugar Company), Chemelil Sugar Company (to Kibos Sugar and Allied Industries), Sony Sugar Company (to Busia Sugar Industries Ltd), and Muhoroni Sugar Company (to West Valley Sugar Company), sparked public debate in the country.
Announced in early 2024 and finalized on May 10, 2025, the 30-year leases aim to inject private capital into the struggling sector, revive production, and ensure timely payments to over 60,000 sugarcane farmers.
Lessees are responsible for annual land rents of Sh40,000–45,000 per hectare, concession fees of Sh4,000 per tonne of sugar, and Sh3,000 per tonne of molasses, in addition to a one-year goodwill payment.
Also Read: Govt Announces Mandatory Registration for All Sugar Re-Packagers
The government retains ownership, with all investments, including machinery upgrades, reverting after the lease term, and at least 80% of employees must be retained.
Opposition has criticized the sugar deals as opaque privatizations that benefit cartels, risk job losses, and distort competition without addressing the importation of cheap foreign sugar.
President William Ruto has consistently framed the leasing arrangement as a “win-win” for farmers, workers, and the economy, promising investments in machinery, monthly payments (similar to those for tea and coffee farmers), and contract termination if lessees underperform.
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