Freedom of information law a game-changer

The Freedom of Information Bill, which the President signed into law on August 31, enables citizens to access State-held information such as what is going on and how our money is managed in public hospitals, police stations, schools, and government offices.

This also means that those holding the information must provide it to any citizen who asks for it.

The game-changer about this is that good leadership and accountable use of public resources are now no longer dependent on public officials. The citizen can now provide some oversight simply by having the power to ask for information.

So the question of who travelled to Rio for the Olympics should not be known to only a select few. Any citizen can ask for information at the relevant office and expect to get it with no fear of penalty, punishment, or prevarication because that office is legally required to provide it.

There have already been efforts to make information available through the Kenya Open Data portal. Recent data includes statistics on motor vehicles involved in accidents in 2014 and 2015 and enrolment in primary schools as of 2014.

However, this portal requires internet access, is not always current, and is dependent on a person gathering the information — sometimes facing resistance — from a public office. With the new legislation, public institutions are required to have and maintain good records. Previously, public officials were not compelled to document, provide, or store information.

OUTINELY DISSEMINATED

Credible, well-kept information helps governments to know how to serve the people. Information is useful in making decisions, planning for the future, and staying transparent. That is why governments keep a voter register and know how many taxpayers they have and how much money goes to what activity across the country.

When that information is hidden from the citizens or is carelessly compiled or kept, it leaves room for rot. The results of that are evident in our daily diet of miserable headlines about corruption, lies, conflict of interest among public officials, and refusal to take responsibility.

This law also requires citizens to change their attitude. We are not accustomed to asking for information, neither do we know that we are entitled to it. Therefore, there is a need for civic education so that people understand this. This is where different players can come in.

Citizens need to know that there are some limitations to what can be shared. Classified information such as that related to the country’s defence would not be routinely disseminated as it is not in the public interest to release it.

In other parts of the world, freedom of information laws enable citizens to ask questions such as how public money is spent, thus helping to keep abuse of power and resources in check. The Unesco website says 11 African countries, among them Uganda and South Africa, have passed this law and now Kenya joins the group.

It has taken about 10 years for this law to be enacted, but it is well worth the wait. It will be a good day in Kenya when a citizen will not be intimidated or robbed because they have learned to keep government and State officers in check by asking for and getting information.

The writer is a faculty member in Daystar University’s Communication Department. [email protected].