Law Summary: The Access to Information Act, 2016 (Kenya)
- Law Title: Access to Information Act, 2016
- Law Number: Act No. 31 of 2016
- Jurisdiction: Republic of Kenya
- Date of Assent: 31 August 2016
- Date of Commencement: 21 September 2016
- Gazette Reference: Kenya Gazette Supplement No. 152
- Purpose:
To give effect to Article 35 of the Constitution, which guarantees the right of access to information by citizens, and to promote transparency, accountability, and public participation.
Key Provisions
- Right to Information:
Every Kenyan citizen has the right to access information held by public entities or private bodies when that information is required to exercise or protect any right or fundamental freedom. - Public Entity Obligations:
Entities must proactively disclose key organizational information and publish contracts and policy changes affecting the public. - Exemptions:
Access may be restricted for reasons including national security, privacy, commercial confidentiality, and public safety. However, public interest may override these exemptions in certain cases. - Application Process:
Citizens can request information in writing. Public bodies must respond within 21 days (or 48 hours if it concerns life or liberty). Requests may be transferred if another body holds the information. - Appeals & Oversight:
Decisions can be appealed to the Commission on Administrative Justice, which has the authority to investigate complaints, order release of information, and enforce penalties. - Protection for Whistleblowers:
Individuals disclosing information in the public interest are protected from retaliation. - Penalties for Non-Compliance:
Includes fines and imprisonment for offenses such as destroying records, refusing access without cause, or failing to publish required data. - Delegated Powers:
The Cabinet Secretary, in consultation with the Commission, may make regulations to operationalize the Act. - Reporting Requirements:
Public entities must submit annual reports on access to information requests, including processing times and outcomes.
Consequential Amendments
The Act amends several existing laws including:
- Records Disposal Act
- Public Archives and Documentation Service Act
- Public Officer Ethics Act
- Official Secrets Act
- Statistics Act, 2006
These amendments align those laws with the principles of transparency and access as established in the Act.