Your right to know: The 411 on Kenya’s Access to Information Act
Do you know what information you have the right to access as a Kenyan citizen?
Access to information is an integral part of the right to freedom of expression, and the free flow of information is essential for societies to function democratically.
However, in some instances, obstacles exist in the free flow of information, necessitating the implementation of laws to compel agencies and governments to share the information they collect and hold in the public interest.
This information is useful because it sheds light on issues of great public interest. For example, how can you file an access to information request to understand how public money is being spent in Kenya? Who can you request information from? Where do you file such a request?
These questions and more were discussed at length at the September Hacks/Hackers meetup, where a panel of experts helped the gathered audience to understand the intricacies of how to access information in Kenya.
The September meetup coincided with the International Day to Universal Access to Information, which is marked on 28 September every year as designated by UNESCO.
Kenya’s Access to Information Act (2016) was enacted in August 2016, and it gives citizens the right to access information held by the state and private entities that collect information of public interest.
The Access to Information Act entrenches the right of every Kenyan to have access to any public information that they require as stated in the the Constitution of Kenya, and they can ask for it at any time from any public servant.
The act obligates all public entities and companies that receive taxpayer funds or provide public services such as telecommunications companies and banks, as well as those engaged in oil and mineral extractions, to make accessible information on request by citizens.
The discussion was led by an experienced panel which included Thomas Kaberi, founder of both Tech4Integrity and Tech4elections — a network of techies and democracy advocates from across the continent who are interested in use of technology for promoting free, fair, and peaceful elections in Africa.
Joining him was Grace Diida, a Researcher in the Centre for Intellectual Property and Information Technology Law (CIPIT) at Strathmore University.
Also on the panel was Sandra Musoga, Senior Programmes Officer — Transparency at Article 19, who was involved in the drafting of the Access to Information Act of Kenya 2016. Sandra preaches the gospel of transparency and is passionate about free flow of information.
Finally, we had Demas Kiprono, who is the Campaign Manager for Safety & Dignity at Amnesty International.
What the act says
The Access to Information Act of Kenya took a whopping 12 years as a bill in parliament before it was enacted in August 2016.
But why is the Access to Information Act important? As Demas explained, citizens have a right to know what the government is doing on their behalf. Given that the actions of governments are carried out on behalf of the citizens, the information they collect should also be proactively made available to citizens, not just on demand.
As citizens, we have a right to know what the government is doing on our behalf — Demas Kiprono
Sandra added that the Kenya Access to Information Act gives a framework on how citizens get access to information and how to request this data from the relevant government bodies. However, even before people have to ask for it, most of this information should essentially be made public without having to ask.
Government officials are usually wary of giving out information for fear of journalistic investigations into how government and its employees function, but Grace points out that that is not the point of The Act. “The information given in the Access to information Act is to facilitate every other right citizens have, not for civil society organizations to bother or harass government officials,” she says.
A great feature of the Act is that you are not required to explain why you need the information from the government.
You don’t need to explain why you want the information you’re asking for. You could just be bored, and that itself is reason enough — Sandra Musoga
There are also certain timelines that the government must adhere to to deliver the information requested — a maximum of 21 days. These 21 days are counted consecutively, meaning they also include weekends. A failure to provide the information within this period accrues a fine of Kshs. 50,000 or 3 months in prison for the government official involved.
“The Act also stipulates that illiteracy or disability should not stop a citizen from accessing information. Who bears the cost of converting this information to other formats? Regulations that the ICT CS has not yet formed are ideally meant to handle that,” Sandra explained.
How can we use this information?
Demas gave an example of a student in Mombasa who did his KCSE exams in 2016 and got a C+ then did it again in 2017 and got a D+. He requested the Kenya National Examination Council (KNEC) for his KCSE results to confirm these results, which they failed to provide. He went to court, and though his petition did not go through due to a technicality, this is an example of an ordinary citizen using their right to information from the government.
Grace pointed out the relevancy of public information and our responsibility as citizens to take control of our future. “Our history defines our present and future. We must be vigilant as citizens; if you notice that for example a certain ward is receiving more funds than another, you as a citizen have a right and responsibility to point out such issues,” she said.
Inquiring citizens and journalist can also this Act to probe the goings-on in the Kenyan government. “We are yet to understand the extent of the issues with how government is collecting information right now with platforms like the eCitizen portal and that is dangerous because information is power. These are the things journalists can start to question,” said Demas.
However, not only is the information itself important, but also how it is stored and structured. “How is government information stored? Where is it stored? Structure of data sometimes matters more than the data itself. It can reveal interesting connections,” Thomas pointed out.
What you can do now
How do you file an access to information request? There is no standard format as yet, and the cabinet secretary for ICT is meant to come up with regulations towards the same. For the time being, an official letter in the standard letter format suffices.
Sandra and Grace pointed out that in filing an Access to Information request, we should be very specific in the information we ask for so there is no doubt with the officer receiving the request. You can also ask for different sets of information within one data request letter.
If you do not receive the government data you requested after 21 days you can appeal to the agency you requested it from, or appeal to the Ombudsman’s office before going to court, because going to court is not possible for all Kenyans due to the legal fees attached to it.
Thomas pointed out that actionable information is what we need access to. “We need to get information post the fact. We need currency on the data we have access to in order to protect ourselves. We need actionable information that can be accessed now in an easy-to-understand format.” And now, because of this Act, we can get it.
By filing an Access to Information request, by obtaining this data and questioning it, we are doing our civic duty of ensuring the government answers for its actions.
Kenyans, Demas pointed out, have left certain battles to certain people — human rights advocates, techies, journalists — but we should all be concerned about these issues.
It’s time for us all to join the battle.
The worlds of hackers and journalists are coming together, as reporting goes digital and Internet companies become media empires.
Journalists call themselves “hacks,” someone who can churn out words in any situation. Hackers use the digital equivalent of duct tape to whip out code.
Hacker-journalists try and bridge the two worlds. Hacks/Hackers Africa aims to bring all these people together — those who are working to help people make sense of our world. It’s for hackers exploring technologies to filter and visualize information, and for journalists who use technology to find and tell stories. In the age of information overload and collapse of traditional business models for legacy media, their work has become even more crucial.
Code for Africa, the continent’s largest #OpenData and civic technology initiative, recognises this and is spearheading the establishment of a network of HacksHackers chapters across Africa to help bring together pioneers for collaborative projects and new ventures.
Follow Hacks/Hackers Africa on Twitter and Facebook and join the Hacks/Hackers community group today.
