International Centre for Policy & Conflict (ICPC) v Ethics & Anti-Corruption Commission (EACC) & another [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Constitutional and Human Rights Division
Category
Civil
Judge(s)
W. Korir
Judgment Date
October 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: International Centre for Policy & Conflict (ICPC) v Ethics & Anti-Corruption Commission (EACC) & another [2020] eKLR


1. Case Information:
- Name of the Case: International Centre for Policy and Conflict (ICPC) v. The Ethics and Anti-Corruption Commission & The Independent Electoral and Boundaries Commission
- Case Number: Petition No. 249 of 2018
- Court: High Court of Kenya at Nairobi, Constitutional and Human Rights Division
- Date Delivered: October 29, 2020
- Category of Law: Civil
- Judge(s): W. Korir
- Country: Kenya

2. Questions Presented:
The central legal issue before the court was whether the Petitioner’s right to access information, as protected under Article 35 of the Kenyan Constitution, had been violated by the Respondents.

3. Facts of the Case:
The Petitioner, International Centre for Policy and Conflict (ICPC), filed a petition on July 3, 2018, claiming that the 1st Respondent, the Ethics and Anti-Corruption Commission (EACC), and the 2nd Respondent, the Independent Electoral and Boundaries Commission (IEBC), failed to provide requested information regarding candidates with integrity queries prior to the August 2017 General Election. The Petitioner sought a declaration that this failure constituted a violation of its right to access information. The information requested included a list of aspirants with integrity queries, particulars of those queries, and reasons for the clearance of the aspirants.

4. Procedural History:
The Petitioner filed its petition after receiving no response to its January 24, 2018 requests for information. The 1st and 2nd Respondents opposed the petition, arguing that the information was publicly available on the IEBC's website by the time of the petition. The court was asked to determine whether the Petitioner had a valid claim for violation of its constitutional rights.

5. Analysis:
- Rules: The court considered Article 35 of the Kenyan Constitution, which guarantees the right to access information held by public bodies, as well as the Access to Information Act, 2016.
- Case Law: The court referenced various cases, including *Nelson O. Kadison v. Advocates Complaints Commission* [2013] eKLR, which established that state organs must provide information unless justified otherwise. It also cited *Katiba Institute v. Presidents Delivery Unit* [2017] eKLR, affirming the availability of remedies for violations of access to information rights.
- Application: The court found that the information sought by the Petitioner was already in the public domain by the time the petition was filed, as it had been published on the IEBC's website. The court concluded that the Respondents had fulfilled their obligations under the law by making this information publicly accessible, thus negating the Petitioner’s claims of violation of rights.

6. Conclusion:
The court ruled that the Petitioner did not have a valid constitutional claim against the Respondents, as the information had been made publicly available before the petition was filed. The court dismissed the petition and awarded costs to the Respondents, emphasizing the unnecessary nature of the litigation given that the information sought was already accessible.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya dismissed the petition filed by the International Centre for Policy and Conflict, ruling that the Respondents had not violated the Petitioner’s right to access information, as the requested information was publicly available at the time of the petition. This case underscores the importance of public access to information and the obligations of state bodies to provide such information while also addressing the procedural requirement of exhausting alternative dispute resolution mechanisms before resorting to court.

Document Summary

Below is the summary preview of this document.

  • International-Centre-for-Policy--Conflict-ICPC-v-Ethics--Anti-Corruption-Commission-EACC--another-[2020]-eKLR-Case-Summary_2508_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries