KWS DG faces prosecution for access to information violations in snakebite data row

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NAIROBI, Kenya, Apr 22 – The Director General of the Kenya Wildlife Service (KWS), Erustus Kanga faces a criminal prosecution over access to information violations should he fail to release data on snakebite-related deaths within 21 days.In a directive issued on Wednesday, the Commission on Administrative Justice—commonly known as the Office of the Ombudsman—warned that failure to comply could lead to recommendations for prosecution under the Access to Information Act, 2016.“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 Ombudsman stated.The public watchdog directed KWS to provide a statistical summary of all snakebite-related fatalities recorded between January 2022 and the present. The order follows a review application filed in September 2025 by an individual identified as P.M.The applicant had sought the data to support a Senate petition on public health and administrative accountability. However, KWS declined to provide the information in an earlier response dated August 9, 2025.The watchdog found that KWS failed to address the specific request for statistical data, instead responding to a separate issue concerning the procurement of snake venom for research and antivenom development.“Upon reviewing the KWS response, the Commission noted that it addressed a separate matter in Mr P.M.’s letter regarding his intention to procure snake venom from licensed producers for dose titration and development of the Supervalent antivenom,” the public protector said.“The response did not address his request for statistical information on snakebite-related deaths.”Declined request Despite multiple follow-ups—including a final request for comments in November 2025—KWS did not respond, prompting the Commission to make its determination based on available records.Citing its mandate under Sections 14 and 21 of the Access to Information Act, the Commission affirmed its jurisdiction to review decisions by public entities, noting that disputes over access to information must first be handled through its processes.It further held that KWS, as a state agency responsible for wildlife management and related incidents, holds records on snakebite-related deaths and is legally required to disclose them.The Commission said the requested information does not fall under any statutory exemptions, noting that statistical data does not raise privacy concerns and should be proactively published to enhance transparency.“The Commission thus finds no legal basis for refusal and holds that the information must be disclosed. Further, such data should be proactively published to enhance transparency,” it stated.Among its orders, the Commission directed KWS to release the requested data and publish comprehensive statistics on snakebite-related deaths—including compensation reports—through its official platforms.