Public Record Gaps

Disclosure duties

Access to information in Kenya

Last checked 7 November 2026 · 5 sources

Short answer

Kenya's Access to Information Act, No. 31 of 2016, is overseen by the Commission on Administrative Justice, known as the Office of the Ombudsman 1. Section 5 requires public entities to publish certain information without a request, and the Commission says these duties took effect on 21 September 2017 2. Requests must be processed within 21 days, or within 48 hours where the information concerns the life or liberty of a person 1. A request not answered within 21 days is presumed denied 1.
Law
Access to Information Act, No. 31 of 2016 1
Oversight body
Commission on Administrative Justice (Office of the Ombudsman) 1
Standard deadline
21 days 1
Life or liberty requests
48 hours, extendable once to no more than 14 days 1
Review by the Commission
Within 30 days of the decision 1

Who oversees the Act

The Commission on Administrative Justice is set up under Article 59(4) of the Constitution and the Commission on Administrative Justice Act 2011 2. It has the mandate of overseeing and enforcing the Access to Information Act, which requires public entities and relevant private bodies to disclose certain information proactively 2.

The Commission's handbook notes that the constitutional right of access is guaranteed to citizens, and that the Act defines a citizen as any individual holding Kenyan citizenship and any private entity controlled by one or more Kenyan citizens 1.

What must be published without a request

Section 5 of the Act requires public entities to disclose broad categories of information on their own 2. The Commission's proactive disclosure guide, signed on 27 August 2018, sets out how entities can meet the duty and says the requirements apply from 21 September 2017 2.

  • Salaries of officers by grade 2.
  • Budget records and asset registers 2.
  • Particulars of contracts entered into, including the goods, works or services, the scope, the contract sum, the name of the contractor and the contract period 2.
  • Manuals, lists and registers held by the entity, with their location 2.

Deadlines for requests

The handbook adds that information already published will not be given following a request 1.

StepRuleProvision cited by the Commission
Standard requestProcessed as soon as possible and within 21 days of receipt 1Section 9(1) to (3) 1
Life or libertyWithin 48 hours 1Section 9(1) to (3) 1
ExtensionOnce, for no more than 14 days, for a large volume of information or necessary consultations 1Section 9(1) to (3) 1
No replyPresumed denied after 21 days 1Section 9(5) 1
Transferred requestReceiving entity decides within 21 days of the first application 1Commission handbook 1

Review and appeal

A person unhappy with a decision can ask the Commission to review it. The handbook says the application should be filed within 30 days from the day the decision was notified, and the Commission can extend that time 1. The Commission can order the release of information 1.

The second tier is the courts. A person not satisfied with the Commission's decision can appeal to the High Court within 21 days 1.

Section 14(3) lets the Commission, on its own motion or at anyone's request, review a public entity's refusal to publish information it must disclose proactively 2. The Commission's guide says its decision is binding and may require the entity to publish the information, pay compensation or provide any other lawful remedy 2.

Records management duties

The handbook says the Act requires public entities to keep records that are accurate, authentic, have integrity and are usable, and sets minimum standards for doing so 1. It records that the Act required public entities to have computerised their records and information management systems by September 2019 1.

The same handbook reports that the Kenya National Archives and Documentation Service found no policies, manuals or guidelines on records management for public entities for implementing the Act at the time of the study 1. It identifies records management as the key challenge in all the jurisdictions it reviewed 1.

How Kenya compares

JurisdictionStandard deadlineUrgent requests
Kenya21 days 148 hours for life or liberty 1
India30 days 348 hours for life or liberty 3
South Africa30 days, one extension of up to 30 days 4No separate urgent period in section 25 4
United Kingdom20 working days 5No separate urgent period in section 10 5

Common questions

How long does a Kenyan public entity have to answer an information request?

21 days from receipt, or 48 hours where the request concerns the life or liberty of a person 1.

What happens if a Kenyan public entity does not reply?

The Commission's handbook says a request not responded to within 21 days is presumed denied 1.

Who reviews refusals in Kenya?

The Commission on Administrative Justice, with an application filed within 30 days, and then the High Court within 21 days 1.

What must Kenyan public entities publish proactively?

The Commission's guide lists categories such as salaries by grade, budgets and particulars of contracts 2.

Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@publicrecordgaps.com.

Sources

  1. Commission on Administrative Justice (Office of the Ombudsman): Handbook on Best Practices on Implementation of Access to Information in Kenya
  2. Commission on Administrative Justice: A Guide on Proactive Disclosure for Public Entities at National and County Government Level in Kenya (August 2018)
  3. Ministry of Heavy Industries, India: The Right to Information Act, 2005
  4. Department of Justice and Constitutional Development: Promotion of Access to Information Act 2 of 2000 (consolidated text)
  5. legislation.gov.uk: Freedom of Information Act 2000, section 10

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