Disclosure duties
Access to information in Kenya
Short answer
- 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.
| Step | Rule | Provision cited by the Commission |
|---|---|---|
| Standard request | Processed as soon as possible and within 21 days of receipt 1 | Section 9(1) to (3) 1 |
| Life or liberty | Within 48 hours 1 | Section 9(1) to (3) 1 |
| Extension | Once, for no more than 14 days, for a large volume of information or necessary consultations 1 | Section 9(1) to (3) 1 |
| No reply | Presumed denied after 21 days 1 | Section 9(5) 1 |
| Transferred request | Receiving entity decides within 21 days of the first application 1 | Commission 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
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
- Commission on Administrative Justice (Office of the Ombudsman): Handbook on Best Practices on Implementation of Access to Information in Kenya
- Commission on Administrative Justice: A Guide on Proactive Disclosure for Public Entities at National and County Government Level in Kenya (August 2018)
- Ministry of Heavy Industries, India: The Right to Information Act, 2005
- Department of Justice and Constitutional Development: Promotion of Access to Information Act 2 of 2000 (consolidated text)
- legislation.gov.uk: Freedom of Information Act 2000, section 10
Related
- Access to information in South Africa (PAIA)
How South Africa's Promotion of Access to Information Act works: section 14 manuals, voluntary disclosure, 30-day decisions, appeals and offences.
- Proactive disclosure duties compared
What public bodies must publish without a request under UK FOI section 19, India RTI section 4, US FOIA reading room rules and EU Regulation 1049/2001.
- FOI reviews and appeals compared
Time limits for internal review, regulator complaints and court appeals after an FOI refusal in Scotland, Ireland, Canada, India and others.
- How to request a missing public record
The official steps to ask for a record that is not published: describe it precisely, use the right law, note the deadline and use review and appeal routes.