This archive report was first published on 30 June 2019.
On June 30, 2019, Petroleum Secretary John Munyes sparked controversy when he stated that a deal with Tullow Oil would be kept secret, citing commercial confidentiality and official secrets.
However, this stance is at odds with Kenya's new constitutional dispensation, which makes three fundamental promises that negate Mr. Munyes' statements.
Firstly, oil is classified as part of public land, belonging to the people of Kenya but held by the national government as a trustee. This means that the government cannot speak as if the property is private.
Secondly, the Right to Information is constitutionally guaranteed, requiring government institutions to provide information to the public upon request.
Lastly, the Constitution affirms that Kenya is an open and democratic society, where citizens are given sufficient information to participate in governance from an informed position.
Accessing information is crucial in the extractive industry, which has been plagued by secrecy and corruption. The sector's revenue has resulted in more poverty rather than prosperity, and corruption thrives in the absence of transparency.
The Extractive Industry Transparency Initiative (EITI) is a global standard that promotes disclosure of information along the extractive value chain. Kenya, as a member of the global community, should strive to meet EITI's requirements and make information concerning extractive resources publicly available.
