Katiba Institute regularly makes use of Article 35 on Access To Information (ATI) to give effect to the constitutional principles of transparency, accountability and freedom of expression. It has been shown that transparency in government activities minimizes incidences of illegalities and corruption and empowers the public to hold their government to account. However, the Kenyan government and most State agencies are very protective of the information they hold, despite the Constitutional requirement that they ought to be proactive in disclosing information that is of interest to the public.
Beyond making ATI requests on its behalf, KI also assists other civil society organizations and individuals to prepare FOI requests, especially when the information sought relates to a matter of great public interest.
KI has also published a Handbook on the Access to Information Act. Get access of the handbook below
Download the Access to Information Request/Application template below
ATI Requests by KI
Access to Information on the Nairobi Expressway project
KI wrote to the Kenya National Highways Authority(KENHA), Public Private Partnership (PPP) Unit on 11 December 2020 seeking information on the Nairobi expressway project. The letter sought relevant information from the PPP Unit as required under the the PPP Act and the Public Private Partnership Regulations. From KENHA, the contracting authority, the request sought copies of documents and information relating to the construction activities on the Nairobi Expressway project.
Access to Information on the China Road and Bridge Corporation
KI sought information on the China Road and Bridge Corporation from the National Construction Authority on 11 December 2020.
Access to Information regarding compliance with Article 35 and the Access to Information Act
KI wrote to the Government Printer on 14 December 2020 requesting information regarding the Government Printer’s compliance with Article 35 of the Constitution. This included information on the communication channels use to disseminate information.
Declaration of vacancy and recruitment of Supreme court judge
KI wrote to Ho. David Maraga in his capacity as the Chief Justice of the Republic of Kenya and Chairperson, The Judicial Service Commission on 6 August 2020 on the declaration of vacancy and recruitment of Supreme Court Judge. The request referred to Part11 Clause 3 and 4 of the First Schedule to the Judicial Service Act of 2011. KI requested the notification of the vacancy and commencement of the recruitment process for the position of a Judge of the Supreme Court.
Information on the implementation of the high court judgement in Katiba Institute V. IEBC petition No. 19 of 2017
KI wrote to IEBC regarding the implementation of the High Court judgment in. petition No. 19 of 2017. The information sought included the measures the IEBC has taken to implement the constitutional requirement that not more than two-thirds of the members of elective or appointive bodies are of the same gender.
Number of deaths recorded in Kenya between February and May 2020
KI wrote to hospitals and funeral homes(Kenyatta National Hospital, Chiromo Mortuary) on 29 June 2020 seeking information on the number of deaths recorded in Kenya between February – May 2020. This information would inform if the number of deaths increased significantly due to COVID 19 pandemic.
Transfer of functions from Nairobi City County to National Government
KI sought information on the transfer of functions from Nairobi City County to National Government from Hon. Eugene Wamalwa, the Cabinet Secretary, Ministry of Devolution and The Commissioner General, KRA. The information sought included the deed of agreement signed on 18 March 2020 between Nairobi City County and the National Government; the memorandum of understanding between KRA and the Nairobi City County.
Judicial Service Commission recruitment of Chief Justice, Deputy CJ and Judge of the Supreme Court.
KI wrote to the Judicial Service Commission on July 14 2016 seeking information on the criteria that was used to shortlist applicants who applied for the positions of Chief Justice, Deputy Chief Justice and Judge of the Supreme Court. These positions fell vacant following the retirement of the former Chief Justice Dr. Willy Mutunga, Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi.
OKOA Kenya Referendum
KI has made (February 2016) an FOI request to the Independent Electoral and Boundaries Commission asking to be furnished with information on what were the issues raised in the General Suggestion by promoters of the OKOA Constitutional Amendment Initiative when it asked people to sign on in support of the popular initiative. KI is concerned that promoters of OKOA initiative may have developed a Constitutional Amendment Bill that includes proposals for constitutional amendments that go beyond what the promoters of the initiative proposed in the General Suggestion.
EACC Report on Mileage Claims by MPs
KI is working with the National Civil Society Congress to compel the Ethics and Anti-Corruption Commission (EACC) to disclose a Report which resulted from an investigation of the Mileage Claims made by Members of Parliament.
Appointment of Members of Boards of State Corporations and Agencies
KI and Article 19 filed an FOI request with the Public Service Commission (PSC) asking to be provided with information whether the principles and values of Public Service under Article 232 of the Constitution which requires, among others, that public offices be filled through a competitive process was followed when the national executive, including the President, appointed persons to sit on Boards of various State Corporations and Agencies in April and October 2015.
Bomas of Kenya Development
In 2014, KI made an FOI request to the Minister of Tourism following a Request of Expression for feasibility studies to develop Hotels and a Mall at the Bomas of Kenya grounds – a critical cultural site in Nairobi. KI specifically requested from the Minister information on whether there had been public participation informing the decision to set aside the grounds for development of mall, hotels etc. Although the Ministry never formally replied to KI’s request, it hastily cancelled the ROE after receiving the KI’s FOI Request.(