The Commission on Administrative Justice(Ombudsman ) has ordered the Kenya Union of Post-Primary Education Teachers (KUPPET) to release the requested documents related to the Kisii Branch Burial Benevolent Fund (BBF) Scheme within 14 days.
In a statement dated February 11, 2026, the commission stated that Mr. F.O. had filed an application after KUPPET declined to provide the requested records. He had sought certified bank statements, payment vouchers, and details of bereavement payments and allowances issued from June 2024 to date.
“The Commission issued the orders following an application for review filed by Mr. F.O. under Section 14(1)(a) of the Access to Information Act, 2016, dated March 11, 2025. The application arose after the Union declined to provide the requested information through a letter dated February 17, 2025,” read a statement.
KUPPET, however, argued that, as a private body, it was not subject to the Access to Information Act. The Commission ruled that the union performs public-interest functions and therefore falls under the Act’s jurisdiction.
The Commission further noted that the requested information is held by KUPPET and should be disclosed, adding that failure to comply will result in the union paying Ksh 10,000 per day as compensation until all requested documents are provided.
KUPPET Ordered to Release Kisii Burial Funds
The Commission argued that the Access to Information Act applies to private bodies on a case-by-case basis, particularly when the entity performs public functions or handles information of significant public interest.
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It noted that KUPPET, established under the Labour Relations Act and governed by its 2017 Constitution, manages member welfare funds, addresses grievances, and provides public-relevance services.
In addition, the Commission stressed that KUPPET qualifies as a relevant private body under the Act and falls within its review mandate, and that citizens have a right to access information held by any entity, public or private, where such information is necessary to exercise or protect a right.
As a paid-up member of the KUPPET Social Welfare and a contributor to the BBF Scheme, the Commission noted that Mr. F.O. is entitled to access the requested documents, either through inspection or by receiving certified copies.
Commission Analysis on the KUPPET Case
According to the Commission, Mr. F.O. had requested several documents relating to the management of the Kisii Branch Burial Benevolent Fund (BBF) Scheme.
The Burial Benevolent Fund records included:
- Certified bank statements of the BBF account from June 2024 to date.
- Details of all monthly bereavement cases paid from June 2024 to date, clearly indicating the name of the beneficiary, date of payment, cheque number, and amount disbursed.
- Certified payment vouchers of monthly allowances paid to Sub-County Delegates or Representatives, including names, amounts paid, dates of payment, and cheque numbers.
- Certified payment vouchers of allowances paid to BBF or union officials for attending BBF meetings and burials; and
- Any other certified payment vouchers for payments made using BBF funds, accompanied by cheque numbers, dates of payment, and authenticated minutes authorizing such payments.
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Following the request for review, the Commission wrote to KUPPET requesting an institutional report to facilitate the progress of the matter.
KUPPET, through its lawyers, responded advising that Mr. F.O. could inspect the Books of Accounts in accordance with Article 19.0(a) of the KUPPET BBF Guidelines upon request.
The Commission later forwarded this response to the applicant, who wrote to the Kisii Branch Treasurer requesting an inspection of the books of account but was denied access.
Therefore, F.O. informed the Commission that he had been denied access, forcing the Commission to proceed with a formal determination under Sections 22 and 23 of the Access to Information Act, 2016.
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