The High Court has declined to certify as urgent a petition seeking to compel the government to account for Sh17.5 billion allocated to a major groundwater project targeting five arid counties.
In directions issued on October 29, 2026, Justice Patricia M. Nyaundi ruled that the application filed by Francis Awino under a certificate of urgency did not meet the threshold for urgent consideration.
The judge directed Awino to serve the petition and Notice of Motion on the respondents and interested parties by November 5, 2026.
The respondents and interested parties have been given 14 days from the date of service, or until November 20, 2026, to file their responses. Awino has also been granted seven days after service to file a further affidavit.
The matter will be mentioned on February 10, 2027, to confirm compliance and receive further directions.
The petition concerns the Horn of Africa Groundwater for Resilience Project (Project No. P174867), a major development programme financed through an International Development Association credit of approximately US$135 million.
The project is intended to improve groundwater security and strengthen drought resilience in Turkana, Marsabit, Mandera, Wajir and Garissa counties.
In his application, Awino is seeking conservatory orders compelling the preservation of all physical and electronic records relating to the project, including financial statements, procurement documents, contracts, payment certificates, banking records, implementation reports and borehole monitoring records.
He also wants the court to restrain the respondents from destroying, concealing, altering or deleting any project-related documents.
Additionally, the petitioner is seeking orders directing the Water Resources Authority and the Cabinet Secretary for Water to submit a verified preliminary disclosure report within 14 days, detailing the total funds approved, received and spent on the project.
The report would also outline contracts awarded, payments made, the implementation status of exploratory boreholes and monitoring wells, as well as a county-by-county breakdown of completed and pending works.
Awino is further seeking clarification on the official designation and involvement of the second respondent, Mohammed Shurie, in the project’s governance and management.
The Auditor General and the Ethics and Anti-Corruption Commission have been listed as interested parties in the case.
In his supporting grounds, Awino argues that the petition raises significant constitutional questions surrounding transparency, accountability and the prudent management of public resources.
He has clarified that his concerns are not based on an assumption that project funds have been stolen, but on the need for verifiable information showing how the money has been received, committed and translated into tangible development outcomes.
The petitioner cites a World Bank implementation support mission aide-memoire covering March 10 to 14, 2025, which reportedly documented a significant adjustment to the project’s financial allocation for the 2024/2025 financial year.
He has also referenced a Ministry of Water implementation update dated November 26, 2025, arguing that the documents demonstrate the need for a comprehensive and independently verifiable account of the project’s financial and physical progress.
Awino maintains that the orders sought would not halt the project or disrupt the provision of essential water services, but would instead safeguard public records and ensure that project commitments and payments comply with constitutional requirements.
