Ombudsman Breaks Silence on Siaya Nuclear Plant Row, Says Commission Is Neither For Nor Against Project
The Chairperson emphasised that the concerns are those presented to the Commission and no finding has been made on their veracity.
Photo: Courtesy.
By Robert Mutasi
The Commission on Administrative Justice (Office of the Ombudsman) has addressed growing concerns over the proposed nuclear power project in Siaya County, clarifying its role and giving an update on two Access to Information complaints lodged over the project.
In a press statement dated Monday, September 1, 2026 and issued in Kisumu, the Commission Chairperson, Charles Dulo, EBS, said he had met with representatives of the Friends of Siaya Anti-Nuclear Plant (FSANP) Interim Coordinating Committee and other community members on Monday, August 31, at the Commission’s Kisumu Regional Office.
The meeting followed concerns arising from a planned “Occupy Kisumu Ombudsman Office” People’s March. Dulo said the Commission listened to their concerns, discussed the issues raised and clarified its mandate and the lawful avenues available.
According to the statement, the concerns presented were broad but largely centred on access to information and meaningful public participation; the potential acquisition of land, valuation, compensation, resettlement and protection of livelihoods; environmental and social safeguards, including potential impacts on the Lake Victoria Basin; and nuclear safety, emergency preparedness and radioactive waste management.
The representatives also raised concerns about the conduct and accountability of public agencies involved in the project, as well as allegations of intimidation, harassment or criminalisation of persons expressing opposition or reservations regarding the proposed development.
Dulo said the communities remain anxious and uncertain about the status, scope, location, implications and the processes that would precede implementation, and are demanding timely, accurate and comprehensive information.
The Chairperson emphasised that the concerns are those presented to the Commission and no finding has been made on their veracity.
He then clarified the two separate Access to Information matters before the Commission.
The first matter is between FSANP and the Nuclear Power and Energy Agency, NuPEA. The Commission received FSANP’s Application for Review by email on August 24, 2026 at 4:03 a.m., acknowledged at 9:43 a.m. the same day.
The application followed an information request submitted by FSANP to NuPEA on July 30, 2026 concerning the proposed Siaya Nuclear Energy Project, which FSANP states is proposed for Central Sakwa Ward, Bondo Sub-County, Siaya County, within the Lake Victoria Basin.
The request covered strategic planning and policy, site selection, technical and feasibility studies, environmental and social assessments, land acquisition and resettlement, livelihoods, nuclear safety and emergency preparedness, radioactive waste management, potential impacts on Lake Victoria, public participation, financing and procurement, legal and governance arrangements, monitoring and compliance.
NuPEA issued its consolidated response on August 20, 2026, which FSANP received at 5:13 p.m. that day. NuPEA addressed site selection, land requirements, public participation, environmental assessment, nuclear safety, radioactive waste management, Lake Victoria safeguards and livelihoods, indicating that potential sites had been identified through a multi-stage process and some studies were ongoing. It also provided a repository with documents responsive to part of the request.
FSANP lodged its review alleging that certain information had not been provided, including information which should have been transferred to other public entities. Among documents cited are the Strategic Environmental Assessment Report, review comments by the Netherlands Commission for Environmental Assessment and the KenGen Resettlement and Compensation Framework.
FSANP is seeking additional disclosure, transfer of requests, preservation of records and a recommendation to NEMA concerning further approvals pending compliance with disclosure and public participation obligations.
Dulo said no finding has been made on the allegations. The application was lodged within the 30-day statutory period under Section 14(2) of the Access to Information Act, 2016. As at August 31, only seven days had elapsed. The matter remains within statutory review and a ruling is being prepared.
The second matter is separate. It involves the Western Kenya Social Justice Centres Working Group, on behalf of the Our Energy, Our Voice Campaign, and the County Government of Siaya.
The information request was submitted on March 23, 2026 and received by the County Government and County Assembly on March 26, 2026. It sought information on the project’s status, consultations with national institutions, environmental, social and technical studies, site suitability, risk assessments, emergency preparedness, public participation, land acquisition and county-level decisions.
After alleged failure to receive a response, the applicant lodged a complaint on May 7, 2026. The Commission issued an Access to Information Notice on May 28, 2026 and summons on July 22, 2026 requiring the Governor of Siaya County to appear on August 6, 2026.
The County Government responded on July 29, 2026, stating that following a review of its records, it did not possess correspondence, agreements, minutes, reports or consultations between the County Government and national institutions including the Ministry of Energy and Petroleum, NuPEA, KNRA and NEMA relating to the proposed plant. It further stated it had not undertaken, commissioned or received any environmental, social, economic, technical or feasibility studies on the project.
Following the response, the Commission issued a Notification of Response on August 3, 2026 and lifted the summons. The matter is pending finalisation of a ruling.
Dulo stressed that the two matters are distinct and should not be conflated.
The Commission also made an important clarification: “The Commission is neither endorsing nor opposing the proposed nuclear power project.”
“Our role is not to determine whether Kenya should have a nuclear power plant, whether Siaya should host one, or whether the technical merits warrant implementation. Those matters involve other institutions with specialised technical and regulatory mandates,” the statement reads.
He said the Commission’s responsibility is to ensure public administration is lawful, fair, transparent and accountable, and that citizens are able to exercise constitutional rights.
He encouraged FSANP and affected community members to submit specific complaints with supporting evidence where they believe there has been maladministration, procedural impropriety, unreasonable delay, abuse of administrative power or violation of the right to access information.
On allegations of intimidation and criminalisation, Dulo said citizens should be able to express views and raise legitimate concerns through lawful means without fear of reprisal, but where specific allegations are made they should be supported by evidence.
“Questions concerning access to information, meaningful public participation, land, compensation, livelihoods, environmental and social safeguards, nuclear safety and accountability are matters of legitimate public interest,” he said.
“Our message is simple: citizens have a right to ask questions, a right to seek information, a right to participate and a right to fair administration. Public institutions have a responsibility to listen, respond and account for the manner in which they exercise public power,” he concluded.
The Commission said it remains open to dialogue and committed to due process, noting that concerns may crystallise at different stages of the project cycle including during environmental and social assessments, public participation, land acquisition and licensing processes.
About Author
