Access to Information in Kenya: a Critical Analysis of the Access to Information Act 2016.

Abstract

This study analyzes the challenges encountered by Kenyan citizens in accessing information despite there being a comprehensive legislative framework on Access to Information. The study makes three main arguments. The first argument is that although Kenya has an elaborate legislative and institutional framework on Access to Information, nevertheless, Kenyans still face challenges in accessing information due to a culture of secrecy in public and private bodies performing public functions. The second argument is that the failure of the government to participate in the passage of the Access to Information Act 2016 also contributes to the implementation challenges. The third argument is that the Act opens up the possibility of interference by the Executive by entrusting enforcement to individuals within government and its agencies. In undertaking the study, the methodology employed is doctrinal research methodology that entailed an analysis of primary data that includes the laws, policies, statutes and secondary data that include articles, journals, scholarly material and books. The study relies on two main theories: - democratic theory and the capabilities theory that outlines the role of access to information and its relevance in any democracy. Further, the study draws lessons from Uganda, South Africa and the United Kingdom in a bid to highlight best practices in enforcement of access to information legislation. In conclusion, the study recommends the amendment of several provisions in the Access to Information Act in order to make the Act more effective in realizing goals.