Access to information is a fundamental right, so we need laws to make it possible

Lack of legislation on access to information held by public institutions is hampering Kenyans’ enjoyment of the right to access information.

This also could point to lack of responsiveness and consistency by public institutions to requests for information.

Article 35 of the Constitution recognises the right of a citizen to demand public information held by the State and information held by another person and required for the exercise or protection of any right and fundamental freedom.

It also reiterates the duty of the government to publish and publicise information. The County Management Act provides for public communication and access to information in the management of county affairs.

However, efforts to enact an Access to Information law in Kenya may as well be one of the longest running legislative attempts in this country.

The process started 14 years ago and despite four draft laws being proposed, none has ever been passed by Parliament.

EXPOSING CORRUPTION
In October 2014, the Ministry of Information, Communication and Telecommunication indicated to the Parliamentary Committee on Energy, Communication and Information that it had developed a draft Access to Information (ATI) Bill to be tabled in Parliament in two weeks.

At the Universal Periodic Review submissions that Kenya made in January 2015, the Attorney-General indicated that the ATI Bill would soon be tabled in Parliament for discussion. To date, this has not materialised.

Nevertheless, Nyeri Woman Representative Priscilla Nyokabi in August 2015 introduced a private member’s ATI Bill, which has been published and undergone the first reading.

It is hoped that this is indicative of the Legislature’s willingness to play its role and ensure that access to information legislation is in place to enhance transparency and governance.

The importance of specific legislation on access to information cannot be gainsaid. Access to information is a key component of transparent and accountable government.

It plays a significant role in enabling citizens to see what is going on within government, exposing corruption and mismanagement. It is a prerequisite for development programmes and empowers citizens to exercise their political and socio-economic rights.

NATIONAL SECURITY

Access to information ensures that individuals have the right and essential material needed to solve problems and make better decisions.

Without such a law, Kenya lacks a framework to realise the full promise of access to information, as guaranteed by the Constitution.

It has also allowed civil servants to use bureaucratic procedures and other measures to conceal information under the pretext of national security.

Enactment of an access to information law also needs to be accompanied by a comprehensive review of legislation that continues to institutionalise the culture of secrecy.

These include the Official Secrets Act, Defamation in the Penal Code, the Statistics Act (2006), the Public Archives and Documentation Act, and the National Assembly (Privileges and Immunities) Act.

Parliament has not been keen to repeal these laws, which are not reflective of the international and regional freedom of expression and media freedom standards which Kenya has committed to uphold.

It is imperative for organisations and networks focused on access to information to think beyond the enactment of a law to making access to information practical and a reality.

CIVIC EDUCATION

Demonstrating the practical value of such a law will be the most important function that civil society could play. There will be a need for civic education to enable ordinary people to access information on the law in order to achieve wider social goals.

Government officials will need to be empowered in the handling of requests and to make information accessible to citizens.

The Public Service Commission and Judicial Training Institute can collaborate with civil society organisations and other academic institutions to develop a curriculum and training for civil servants and magistrates on access to information.

Monday, September 28, was the AU International Day on Access to Information. It is time we took our rightful place in the illustrious club of countries that have passed comprehensive access to information laws.