Kenya’s access to information bill, 2013: a critical analysis

Abstract

Article 35 of the Constitution of Kenya, 2010 states that every citizen has the right of access to information held by the State or by any other person which is required for the exercise or protection of any right or fundamental freedom. It also states that every citizen has the right to the correction or deletion of untrue or misleading information about him or her. The same constitution also states that the State shall publish and publicise any important information affecting the nation. In its efforts to safeguard the above constitutional rights of the citizens, the Government of Kenya and other stakeholders are in the process of enacting the freedom of information legislation in Kenya. Currently, a draft bill, Access to Information Bill 2013, is ready to be tabled before Parliament for debate. A casual perusal of the proposed law reveals several gaps in its content and implementation framework. Similarly, the draft has several contradictions which need to be addressed before it can be enacted into law. This paper seeks to analyse the key information freedoms in the proposed law; compare and contrast the bill with existing laws in Africa; critique the proposed implementation framework; analyse the role of information professionals in the implementation of the proposed law; and propose ways of improving the bill and its implementation. Data for this paper was collected through a content analysis of the published Kenya’s Access to Information Bill, 2013; Uganda’s Access to Information Act, 2005; and South Africa’s Promotion of Access to Information Act, 2000. The results of the study may be used to improve the content of Kenya’s Access to Information Bill 2013 and its implementation framework. The findings may also be used to develop appropriate information rights policies and other associated legislation to effectively increase the access to information in Kenya and beyond. The findings may also be used to develop relevant theories on information rights and access.