The government of Kenya has an affirmative duty to publicly disclose a power purchase agreement with Ethiopia and information describing the possible social and environmental impacts of hydropower facilities in Ethiopia that would divert water flowing into Lake Turkana. The State must also ensure Lake Turkana is sustainably managed utilized and conserved, and exercise the necessary precautions in preventing environmental harm that may arise from any power purchase agreements with Ethiopia.
Court of Appeal quashed certificate issued by the Attorney General attempting to override a decision by the Upper Tribunal directing release of information under the Freedom of Information Act and Environmental Information rules.
A private, commercial entity is considered a “public authority” for the purposes of environmental information regulations if the entity does not determine in a genuinely autonomous manner the way in which it provides services.
European Food Safety Authority (EFSA) unlawfully denied access to information including names of experts who commented on an EFSA guidance document regarding authorization applications for pesticides. The court found the disclosure of personal data was necessary to dispel a climate of secrecy to ensure democratic participation in public decision-making.
The High Court of Uganda declared that petroleum production sharing agreements executed between the government of Uganda and numerous oil companies are public documents that are subject to disclosure under Article 41(1) of the Constitution of Uganda and the Access to Information Act.