At the Trust Summit 2026 in Nairobi, the importance of accountability, transparency, and institutional responsibility in rebuilding public trust was emphasized. Head of Public Service Felix Koskei noted that trust grows when institutions take responsibility for their decisions and deliver services citizens depend on. However, citizens cannot hold institutions accountable without access to information to scrutinize their decisions and verify performance. This issue is significant in Kenya, where 10 years have passed since the enactment of the Access to Information Act, 2016.
The Access to Information Act enables citizens to examine public expenditure, understand policy decisions, assess service delivery, and participate in governance. Despite this, institutional secrecy, limited resources, weak records management, and delays in responding to data requests hinder the effective implementation of the Act. According to the Commission on Administrative Justice, review applications rose from 32 in 2016/2017 to 654 in 2025/2026, indicating increased use of the review mechanism. However, this growth also raises questions about why citizens continue to encounter difficulties obtaining information directly from public institutions.
One of the persistent challenges is the failure of public institutions to proactively disclose information. The ATI Act requires public entities to make information available routinely and systematically, but many institutions have yet to meet the minimum proactive disclosure requirements. Consequently, Kenyans continue to submit requests for information that should already be readily available. Institutions receive repeated requests for the same categories of information without taking steps to make that information accessible to the wider public, placing an unnecessary burden on citizens.
The problem extends to the failure to respond to requests within the prescribed timelines. Institutions are required to respond within 21 days, while requests concerning life or liberty must be addressed within 48 hours. However, public institutions, including county governments, have failed to respond within the prescribed timelines or failed to respond altogether. The Commission on Administrative Justice has directed several institutions to facilitate access to information, following their failure to respond to requests.
The failure of institutions to respond to requests or provide information undermines the right to information guaranteed by law. When institutions fail to respond, citizens are left with little option but to seek the Commission's intervention, consuming time and resources that could be devoted to obtaining information directly and resolving public concerns. As Kenya marks ten years of the ATI Act, the challenge is to ensure that public institutions implement the right to information as an integral part of governance and service delivery.
To address these challenges, stronger institutional responsibility is necessary. Every public institution should have a clearly designated Information Access Officer with the authority, resources, and support to coordinate compliance with the law. Institutional leaders must take ownership of the ATI agenda and treat access to information as a core governance responsibility. Clear internal policies and procedures, modern records management, and digitization are also essential.
A stronger culture of openness must recognize the importance of protecting people who report wrongdoing or disclose information in the public interest. Appropriate reporting channels and safeguards against retaliation are necessary to encourage lawful disclosure. By implementing these measures, public institutions can demonstrate accountability in practice, rebuilding public confidence and trust in the process.
Key points
- Rebuilding public trust in Kenya requires stronger institutional responsibility and a culture of openness.
- The Access to Information Act has been in place for 10 years, but citizens still face challenges accessing information from public institutions.
- Proactive disclosure of information and protection for whistleblowers are essential for promoting transparency and accountability.
