Nairobi Senator Edwin Sifuna has resumed his campaign for access to the deal the Kenyan Government struck with Dangote Group over the proposed Ksh2.2 trillion oil refinery in Lamu County based on the public’s constitutional right to access information with the State.

Senator Sifuna has cited Article 35 of the Constitution on Friday, October 2, a day after the President warned MPs seeking the agreement to use their tools, as stipulated in the rules of service, to get the document presented.

“Article 35 (1): Every citizen has the right of access to information held by the State; and (2) The right of access to information shall be exercised in accordance with the principles set out in the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights to which Kenya is a party. (3) For the purpose of this Article, the State shall publish and publicize information of significance to the people of Kenya,” said Sifuna.

The senator has demanded transparency over the agreement’s terms and the government’s obligations in the deal, saying legislators have not had access to the document or the commitments Kenya has made.

“We are members of Parliament here and we haven’t seen the agreement for that refinery. We don’t know the commitments that this country has given for that refinery to be built,” said Senator Sifuna during the discussions in the Senate.

On Thursday, October 1, President William Ruto told members of Parliament that they must approach the request through the procedures provided by the Parliament’s rules of service.

“I want to tell you, if you want the agreement, you know how it’s asked for at Parliament so that it’s brought,” said Ruto.

In his speech, the President also accused the proponents of the motion of trying to embarrass the Nigerian businessperson behind the Dangote Group, saying the issues affecting the group should be addressed in court.

The controversy comes as Kenya prepares to host the East African Petroleum Refinery at Lamu Port after Dangote Group broke ground on the project on Monday, September 30.

When finished, the project is expected to refine up to 700,000 barrels of crude oil per day. The refinery is touted to be a game-changer for Kenya’s petroleum and industrial sectors. However, it has faced criticism over its effects on the land, level of public participation during its planning, and the terms of the deal. A separate court case has challenged some of the provisions, with the judge ordering the land’s status quo for the length of the suit.

According to Senator Sifuna, who represents Nairobi, the agreement should be open to the public since Kenya’s citizens have a right to access such information. On the other hand, President Ruto has asked members of the Parliament to follow proper procedures in requesting government agreements.

Nandi Senator Samson Cherargei also urged his colleague Edwin Sifuna to use his position and influence as a member of the Senate to request a formal statement regarding the agreement for the oil refinery. Cherargei claimed to have a copy of the document and told Sifuna that he could send a copy of the agreement to him.