A recent report by the Data Privacy and Governance Society of Kenya has found that delays in information access are denying Kenyans timely justice. The report, ‘Between Principle and Practice’, analyzed Commission on Administrative Justice rulings from October 2022 to March 2026. It discovered that some public bodies took up to two and a half years to respond to requests, against the statutory deadline of 21 days.
The report cited several cases where public bodies failed to respond to information requests in a timely manner. In ‘Kennedy Riungu v CMA’, the Capital Markets Authority took nearly two years to respond to a request, claiming the material had already been released but providing no substantiating details. A formal response came two and a half years after the request was made.
The report attributed such failures to poor file-numbering, undigitised paper records, and a shortage of trained information access officers. It also warned that delays are not the only concern, as institutions providing less informative formats could undermine access to meaningful information. In one case, the commission accepted typed certified copies where the applicant had sought verbatim transcripts.
The report highlighted the importance of access to information in combating misinformation. Kenya Editors Guild president Zubeidah Kananu stated that access to information is essential in fighting information disorder. She emphasized that withholding information cannot be used to fight misinformation.
The report recommended reforms, including stronger record-keeping standards, clearer criteria for compensation, proactive disclosure, proportionality guidelines, and a public compliance-tracking register. The findings were released as the Media Council of Kenya and the Commission on Administrative Justice marked the International Day for Universal Access to Information on September 28.
The report noted that there were exceptions, such as a case resolved within 46 days, suggesting that some delays reflected identifiable capacity failures rather than structural problems with the law. Katiba Institute executive director Nora Mbagathi emphasized that access to information is a constitutional promise, not a privilege, and that people must be able to find, understand, and use the information.
The issue of access to information remains a challenge in Kenya, with enforcement also being a concern. While criminal prosecution under Section 28 of the Access to Information Act is routinely threatened, there have been no resulting prosecutions, and no mechanism for confirming whether orders are complied with. Compensation has also been inconsistent, with some cases receiving Sh10,000 per day, while others have been withheld.
Key points
- Delays in information access are denying Kenyans timely justice, with public bodies taking up to two and a half years to respond to requests.
- The report recommended reforms, including stronger record-keeping standards and clearer criteria for compensation.
- Access to information is essential in combating misinformation and is a constitutional promise in Kenya.
