Sifuna Challenges Ruto Over Dangote Refinery Deal
He also cited Article 35(3), which states that the State shall publish and publicise important information affecting the nation.
Nairobi Senator Edwin Sifuna speaks in support of calls for the disclosure of the agreement between the government and businessman Aliko Dangote over the planned Sh2.2 trillion refinery in Lamu County. Photo: Nairobi Wire.
By Robert Mutasi
Nairobi Senator Edwin Sifuna has challenged President William Ruto’s position on the disclosure of an agreement between the government and Nigerian businessman Aliko Dangote over the planned Sh2.2 trillion refinery in Lamu County.
Sifuna invoked Article 35 of the Constitution, which provides for citizens’ access to information held by the State and requires the government to publish and publicise important information affecting the country.
“Article 35 (1): Every citizen has the right of access to information held by the State,” Sifuna said.
He also cited Article 35(3), which states that the State shall publish and publicise important information affecting the nation.
Sifuna argued that access to government information is a constitutional requirement and should not depend on the discretion of an individual office holder.
“Disclosure of information is a Constitutional imperative not something left to the whims of one person,” he said.
His remarks followed a confrontation with Ruto over the agreement governing the planned Dangote East Africa Refinery.
During his tour of the Coast on Thursday, October 1, Ruto criticised Sifuna’s demand for the document and accused him of seeking to frustrate or extort Dangote.
The president said lawmakers seeking access to government agreements should follow parliamentary procedures instead of demanding the document directly from him.
“If you want the agreement, you know how it’s asked for at Parliament so that it’s brought,” Ruto said at a rally in Shanzu, Mombasa.
Sifuna, however, maintained that Kenyans and their representatives have a constitutional interest in information concerning major public projects.
The dispute comes days after Ruto and Dangote presided over the groundbreaking of the proposed refinery in Lamu. The government has presented the project as a major investment expected to strengthen energy security and support industrial development.
The proposed refinery is expected to have a processing capacity of up to 700,000 barrels of crude oil per day. The government has also said the wider project could support manufacturing and other industries around Lamu.
Questions over transparency have emerged alongside concerns about land ownership, compensation and public participation. More than 130 residents have moved to court over land earmarked for the project, while the Malindi Environment and Land Court has ordered parties to maintain the status quo on the disputed land pending further proceedings.
Sifuna also criticised what he described as secretive government agreements, saying greater scrutiny was necessary in the management of public affairs.
“The era of secretive deals negotiated in the dark will end when we kick this current regime out and return our country back to the rule of Law,” he said.
The disagreement has placed renewed attention on the terms of the refinery agreement, including the government’s commitments and the proposed structure of its participation in the project. Ruto has said the government intends to invest through public assets and the National Infrastructure Fund, while Kenyans could later have an opportunity to acquire shares in the refinery.
