This archive report was first published on 8 July 2019.
Empowering Kenyans through Access to Information ¶
July 8, 2019, 21:12
By EDWARD CEDRIC OPANY
The Kenyan Constitution's Article 35 reaffirms the public's right to access information from government and private entities. However, despite this provision, many Kenyans remain unaware of their right to access information.
According to a recent campaign by The Institute for Social Accountability (TISA), the majority of Kenyans are not familiar with the Access to Information Act, and those polled did not know how to request information from public institutions and some private entities.
Access to information is critical in enabling citizens to have their voices heard, to effectively monitor and hold government to account, and to enter into informed dialogue about decisions that affect their lives. It is seen as a vital tool for empowering all citizens, including vulnerable and excluded people, to claim their broader rights and entitlements.
However, the lack of awareness of the right to access information among citizens is one of the key obstacles to the successful implementation of the law in Kenya. To overcome this, the demand side must be propped up through a series of measures, including country-wide access to information campaigns involving various government agencies, civil society, and the media.
The media and civil society also have a crucial role to play in strengthening access to information. Journalists in Kenya should use the access to information law to gather information and substantiate their news reports and stories. The media can also play a more substantial role in creating public awareness of the law by carrying news reports, editorials, and stories about the Act, highlighting success stories, and turning the spotlight on implementation efforts and challenges.
Public officers must also understand their mandate under the Act, which is to proactively disclose information. The Act provides an offence of failure to disclose information by a public official and imposes a penalty of Sh50,000 or three-months imprisonment.
