Kenya’s Commission on Administrative Justice on Wednesday ordered the Kenya Wildlife Service to release data on snakebite-related deaths within 21 days.
The directive follows a rejected information request and warns of possible prosecution for non-compliance.
The Commission says the data must be disclosed and proactively published, citing transparency and legal obligations under the Access to Information Act.
The Commission warned that “in the event of non-compliance, the Commission shall recommend criminal prosecution against the Director General in line with Section 28 of the Access to Information Act, 2016.”
The order follows an application for review filed on September 2, 2025, by an individual identified as P.M., who sought the data to support a petition to the Senate on public health and administrative accountability.
According to the Commission, the request originated from a letter dated August 9, 2025, in which P.M. asked KWS for “a statistical summary of all snakebite-related deaths recorded from January 2022 to date.”
However, KWS declined to provide the information, prompting the applicant to seek a review.
The Commission said the case was handled under its legal mandate to oversee access to information, noting that “Section 22(3)(a) of the ATI Act, 2016 gives the Commission the power to call for information or a report regarding a complaint lodged with it.”
Following receipt of the application, the Commission wrote to KWS on September 5, 2025, requesting an institutional report to facilitate its decision-making process.
In its response dated September 23, 2025, KWS indicated that it had already communicated with the applicant.
However, the Commission found that the response “addressed a separate matter, on his intention to procure snake venom and did not address his request for statistical information on snakebite-related deaths.”
The Commission subsequently notified KWS on November 11, 2025, that the requested information remained outstanding and sought final remarks.
When no further response was received, the Commission proceeded to determine the matter.
In its findings, the Commission addressed four key issues, including jurisdiction, availability of the information, disclosure requirements, and appropriate orders.
On jurisdiction, it stated that its authority is grounded in law, citing provisions of the Access to Information Act and relevant judicial precedent.
It concluded that “since the Kenya Wildlife Service is a public entity, the Commission properly has jurisdiction to review its decision.”
On whether KWS holds the information, the Commission found that public entities are required to maintain accurate records and that such data falls within KWS’s mandate.
It stated that “records on snakebite-related deaths fall within its functions,” and therefore “KWS holds the requested information and is obligated to provide it.”
The Commission further determined that the information should be disclosed, noting that KWS had not demonstrated any legal basis for refusal.
“The request was for statistical information, which does not raise privacy concerns,” it said, adding that KWS “failed to address it substantively.”
It concluded that there is no legal basis for refusal and holds that the information must be disclosed, and emphasised that such data should also be proactively published to enhance transparency.
In its final orders, the Commission directed KWS to provide access to the requested records and to publish statistical information on snakebite-related deaths, including compensation reports, through its official platforms.
“Compliance with the above orders be effected within twenty-one (21) days from the date of the Order,” the Commission stated.
The ruling reaffirms the growing importance of access to information in Kenya, particularly in areas intersecting public health and environmental management, and highlights the legal obligations of public institutions to respond to information requests.
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