The application for access to information in Kenya is a fundamental right under Article 35 of the Constitution, allowing citizens to obtain information held by the State or any other person, particularly when it is required to exercise or protect a human right or fundamental freedom.
The Access to Information Act provides the legal framework for obtaining information from public and private entities. The process is free, but a reasonable fee may apply for copying and supplying the requested information.
🔹 Key Aspects of Access to Information in Kenya
1️⃣ Who Can Apply for Access to Information?
✔ Any Kenyan citizen.
✔ The right applies regardless of the reason for requesting the information.
2️⃣ How to Apply for Access to Information
✔ In writing (English or Kiswahili) with clear details of the requested information.
✔ If an applicant cannot write due to illiteracy or disability, the information officer shall assist them in submitting the request.
✔ Public entities may provide a specific form, but they cannot reject an application simply because the applicant did not use the form.
3️⃣ Processing of an Application
✔ Response Time: 21 Days (from the date of receipt).
✔ Urgent Requests (life or liberty concerns): 48 Hours.
✔ Possible Extension: 14 Days (for large or complex requests).
Response from the Information Officer Must Indicate:
✔ Approval or rejection of the request.
✔ Reasons for rejection (if applicable).
✔ Instructions on how to appeal (if the request is declined).
✔ If an application remains unanswered after 21 days, the request is considered rejected.
4️⃣ Transfer of Application
✔ If another public entity holds the information, the application is transferred within 5 days.
✔ The applicant must be informed of the transfer within 7 days.
✔ The new entity must respond within 21 days from when it receives the request.
5️⃣ Providing Access to Information
✔ If the application is approved, the response must include:
- Confirmation of access.
- Whether the information will be edited (if necessary).
- Any fees payable (only for copying and supplying the information).
✔ Once fees (if applicable) are paid, the information must be provided within 2 working days.
✔ The information can be provided electronically, in print, or for in-person inspection.
6️⃣ Fees for Accessing Information
✔ No application fee.
✔ A reasonable fee may be charged for copying and supplying the requested information.
✔ The Cabinet Secretary for Information determines the maximum fees that can be charged.
7️⃣ Correction of Information
✔ Citizens can request corrections to personal information held by public or private entities.
✔ The correction request must:
- Specify the information to be corrected.
- Explain why it is inaccurate or outdated.
- Indicate the preferred correction.
✔ The public entity must correct the information at no cost within a reasonable time.
8️⃣ Appeals and Complaints
✔ If a request is denied, an applicant may appeal to the Ombudsman (Commission on Administrative Justice – CAJ).
✔ The Ombudsman has the power to review and enforce access to information decisions.
🔹 Conclusion
The Access to Information Act promotes transparency, accountability, and public participation. Every Kenyan has the right to request and receive information from the government or private entities, ensuring openness and accountability in public affairs.
