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.
This project has been made possible by the generous support of the Philip Stoddard Brown and Adele Smith Brown Foundation