The right to access information was first written in the Swedish constitution in 1766. It was introduced to fight against political censorship of public documents and since then many countries including Kenya have adopted it in their constitution. It is also protected by the Universal Declaration of Human Rights hence access to information is therefore considered a fundamental right.
The provisions in the constitution of Kenya guarantees that every citizen has the right of access to information held by the state or its agents either in the civil or public service; and information held by another person required for the exercise or protection of any right or fundamental freedom. In addition, every person has the right to correction or deletion of untrue or misleading information that affects them.
The provisions in the constitution of Kenya guarantees that every citizen has the right of access to information held by the state or its agents either in the civil or public service
Access to information is critical for enabling citizens to exercise their voice, to effectively monitor and hold government to account, and to enter into informed dialogues which affect their lives. When citizens can access information about how their government is performing, they can exercise their right to freedom of expression more meaningfully.
The law obliges public bodies to
At all times all citizens should remember the object and purpose of this ACT is to
- Give effect to the right of access to information by citizens as provided under article 35 of the constitution.
- Provide a framework for public entities and private bodies to proactively disclose information that they hold and to provide information on request in line with constitutional principles
- Provide a framework to facilitate access to information held by private bodies in compliance with any right protected by the constitution and any other law
- Promote routine and systematic information disclosure by public entities and private bodies on constitutional principles relating to accountability, transparency and public participation and access to information.
- Provide for the protection of persons who disclose information of public interest in good faith; and
- Provide a framework to facilitate public education on the right to access information under this act.
It is also important to note that the right to access information is not absolute. It can be limited by certain considerations linked to national security, personal data protection, commercial secrecy etc.
These limitations exist in order to not infringe on other rights, create conflict of interest or compromise national security.