Article 35 of the Constitution guarantees every citizen the fundamental right to access information held by the State or by private entities when needed to protect or exercise a right. However, the media, citizens, and civil society organizations have faced intimidation, threats, blackmail, and other challenges when seeking information from both county and national government institutions.

To defend this right, Katiba Institute initiated a three-year project in Nakuru, Nairobi, and Samburu to train government officials, media practitioners, civil society organizations, and security agencies on Access to Information (ATI) rights. The aim of the project was to empower state institutions and citizens to use ATI to promote good governance and foster transparency, accountability, and human rights.

Patricia Joseph, the Institute’s Programme Manager, said the project, which concluded this year, had led to significant progress in access to information. “County government officials and ward and sub-county administrators understood that they had the responsibility to proactively disseminate information, and citizens understood that they had the right to seek information on development projects, budgets, among other relevant issues,” she said.

The Institute observed that both the national and county governments had unlawfully denied sub-county and ward administrators the necessary information for dissemination. “Residents go to local offices to seek information on budgets, projects, health, and education issues, but many officers mandated to provide information have no information to give,” said Patricia.

The survey also revealed that government agencies do not proactively disclose information and, when requested, either decline, provide limited information, or release information in a complicated manner. To put pressure on the government, the Institute was forced to seek assistance from the Commission on Administrative Justice (CAJ). CAJ not only pressured information holders within government offices to provide information but also summoned some of them to explain their failure to comply.

The Institute was also compelled to move to court to seek redress when information holders declined to provide information. Patricia noted that, out of 15 ATI letters sent to county governments, only nine received responses. No action was taken on six letters, while three others were not officially received by the respective county governments.

In Nairobi, Katiba Institute wrote 12 ATI letters to the county government, but only eight were officially received. Despite receiving the eight letters, the county government responded to only two but took action on issues raised in three letters to which it had not responded.

In Samburu County, 11 out of 14 ATI letters sent by the Institute were officially received. The county responded to four letters and took action on one letter despite not providing a response. The Institute acknowledged that gaps still exist, particularly among security agencies and senior government officials who continue to curtail access to information.

Calvin Muga, an officer with Midrift Human Rights Network, noted that the remaining 44 counties need to learn from the progress made in the project counties. “We need top government officials who curtail information to undergo training like their junior officers to facilitate smooth dissemination of information,” said Muga.

This article was first published by The Standard

Image: Katiba Institute