The Kenyan government has pledged to make public information available before citizens have to ask for it, as the country prepares to mark the International Day for Universal Access to Information. This move aims to promote transparency and enhance citizen engagement. Broadcasting and Telecommunications PS Steve Isaboke stated that Kenya has established a strong legal and policy framework for access to information. The newly approved Access to Information Policy will facilitate proactive disclosure and coordinated communication.
The International Day for Universal Access to Information is observed globally on September 28. A forum was hosted by the Embassy of Finland in Kenya, in partnership with UNESCO and the Commission on Administrative Justice, to assess the implementation of Kenya's Access to Information Act, 2016. The forum brought together government officials, diplomats, civil society, academia, and media representatives. Discussions focused on compliance by public institutions, proactive disclosure, digitization of records, and the capacity of government agencies.
Kenya's Access to Information Act, 2016, guarantees every citizen the right to access information held by the State and information held by another person where it is required for the exercise or protection of a fundamental right or freedom. Under Section 5 of the Act, public entities are required to facilitate access to information and publish relevant facts when formulating important policies or announcing decisions affecting the public. This includes publishing information relating to their organization, functions, decision-making procedures, and guidelines.
Despite the legal framework, the implementation of these provisions remains a challenge. A 2025 assessment by the Commission on Administrative Justice identified inadequate resources, a culture of secrecy, inadequate capacity, and weaknesses in records management as factors affecting access to information. The assessment also found gaps in digitization, with many institutions having automated some operational processes without fully digitizing records relating to their core services.
The 2023 Access to Information Regulations further define proactive disclosure as the routine and systematic dissemination of information without requiring a request. Public entities are required to publish information on services, financial and other reports, procurement records, public-private partnerships, and details of their information access officers. However, delays, unresponsiveness, and negative attitudes among some public officers remain obstacles to citizens seeking information.
The Commission on Administrative Justice has also identified demands for bribes to obtain information as a discouraging factor for citizens exercising their right to know. Under the law, a public officer is required to make a decision on an application for information within 21 days, while requests concerning the life or liberty of a person are subject to a 48-hour timeline. The challenge lies in ensuring public institutions consistently meet their obligations.
The forum also emphasized ensuring that access is inclusive, particularly for women, persons with disabilities, older persons, and other vulnerable groups who may face additional barriers in obtaining information. The discussions are expected to contribute to the forthcoming State of Openness Report being prepared by the Commission on Administrative Justice. This issue is part of monitoring progress for UNESCO towards Sustainable Development Goal 16.10.2, which calls for public access to information and the protection of fundamental freedoms.
Key points
- The Kenyan government has pledged to make public information available before citizens ask for it.
- The implementation of Kenya's Access to Information Act, 2016, remains a challenge despite the legal framework.
- The government aims to ensure information reaches citizens through accessible and inclusive channels.
