The Commission on Administrative Justice (Ombudsman) has ordered the Kenya Union of Post-Primary Education Teachers (KUPPET) Kisii Branch to release certified financial records of its Burial Benevolent Fund (BBF) to an applicant within 14 days, warning that failure to comply will attract a daily penalty of Sh10,000.
In a decision issued by the Office of the Ombudsman, the Commission directed KUPPET, through the Kisii Branch Executive Secretary, to facilitate access to documents requested by Mr. F.O., a union member, in a letter dated February 17, 2025.
The documents include certified bank statements of the BBF account from June 2024 to date, records of bereavement payments, and certified payment vouchers for allowances paid to sub-county delegates and BBF officials.
“The Commission has ordered the Kenya Union of Post-Primary Education Teachers (KUPPET) to release requested information within fourteen (14) days from the date of the decision,” the statement reads. “In the event of non-compliance, the Union shall be liable to pay the Applicant Kenya Shillings Ten Thousand (Sh10,000) everyday as compensation, in accordance with Section 23(2)(b) of the Access to Information Act, until all the requested documents are provided.”
The directive followed an application for review filed by Mr. F.O. under Section 14(1)(a) of the Access to Information Act, 2016, after the union declined to provide the requested information through a letter dated February 17, 2025.
Although KUPPET later advised the applicant that he could inspect the books of accounts under its BBF Guidelines, the Commission noted that he was subsequently denied access by the branch treasurer.
KUPPET had argued that as a private body, it was not subject to the Access to Information (ATI) Act, 2016, and challenged the Commission’s jurisdiction.
However, the Ombudsman found that “the application of the ATI Act to private entities is determined case by case, particularly where the entity performs public functions or holds information of significant public interest.”
The Commission concluded that KUPPET qualifies as a relevant private body under the ATI Act, noting that it manages member welfare funds and provides services with public relevance.
It further observed that Article 35 of the Constitution guarantees every citizen the right to access information held by the State or “by another person when needed to exercise or protect a right or fundamental freedom.”
In its final orders, the Commission directed KUPPET to provide certified copies of all requested records within 14 days or face daily compensation payments until full compliance is achieved.
