Citizens have a ‘right to know’. This is the right for all citizens to receive any information that makes it possible to enjoy or protect their other rights, for example, the right to education and health.
All public entities, including county governments are required to make all public documents available and accessible to the public, by law. The Constitution of Kenya (2010), County Governments Act (2012), Public Finance Management Act (2012) and Access to Information Act (2016) – all agree on it.
County governments are required to proactively disclose most of the information they produce and citizens can also apply to obtain the information they seek from their county government.
Information County Governments Proactively Disclose | How to Apply for Access to Information | Learn more about Access to Information |
Resources
Download a form to apply for Access to Information
The Access to Information Act (2016)
Handbook on Best Practices on Implementation of Access to Information in Kenya, Commission on Administrative Justice (CAJ). (2018).
The Right to Access Information: Simplified Version of the ATI Act. Commission on Administrative Justice (CAJ) (n.d.)
A Guide on Proactive Disclosure for Public Entities at National and County Government Level in Kenya, CAJ, (2018).
Citizens’ Access to Information Guide (Extractives Industry), ICJ (n.d.)
Commission on Administrative Justice (CAJ) or Office of Ombudsman website
Circular: Commission on Administrative Justice (CAJ) Circular No 1. of 2019. Access to information
Proactive disclosure means public entities continually making information available without waiting for public requests. It is active transparency. All public entities are required to administratively and as a matter of course release information to the public, without the necessity of formal applications
The Access to Information Act (2016) outlines documents that public entities are required to make available to the public, without the need for citizens to apply for this information, by publishing it on county government websites:
County Process |
What should the county government provide |
Planning and Budgeting |
- County policies - County planning and budgeting documents: - Integrated development plans (CIDP), Spatial plans, Sector plans, Annual development plan (ADP) - Budget review and outlook papers (CBROP), Fiscal strategy paper (CFSP) - Budget circular, budget estimates and a simplified citizen’s budget - Supplementary Budgets |
Implementation |
- County procurement plans - Tender documents - Tender results including final contract award - Performance Contracts - Performance Management Plans - County legislation and regulations. |
Monitoring and Reporting |
- Quarterly Implementation Reports - Quarterly and annual reports (financial and non-financial) - Periodic performance appraisal/evaluation |
Evaluation and Review |
- Office of the Auditor General’s Reports and corrective measures adopted by the county - Mid and final review of CIDP implementation - County Assembly committee and house reports |
What other information should county governments and other public entities proactively disclose?
|
Broad Category |
Specific Information |
Sources |
Location within Public Entity |
1. |
Who we are and what we do |
Information about the organisation—location, contacts, management structures, functions and duties of the organisation, powers and duties of the officers and employees. |
Establishing legislation |
Website of Public Entity |
2. |
How we make decisions |
Decision making procedures including channels of supervision and accountability. |
Establishing legislation Internal Manuals and Policy Documents |
Website of Public Entity |
3. |
How we spend resources |
Salaries of officers by grade Recurrent and Development budgets |
HR Records Budget records, Asset Registers |
Website of Public Entity |
4. |
Our policies and procedures |
Operational documents on dealing with the public and corporate bodies. |
Regulations, Administrative Manuals, Protocols, Standard Operating Procedures |
|
5. |
Lists and Registers |
Information held by public entity, subject to which the information relates, location of indexes for inspection. |
Information Registers |
Records Office |
6. |
Public Procurement Information |
Public Works commissioned, goods acquired or rented, services contracted, scope of service and references, contract sum, name of service provider/contractor, time period of contract. |
Procurement contracts entered |
Website of Public Entity |
If a county government does not fulfil its role in proactive disclosure, it may be necessary to apply directly to the county government for the information that you seek. Citizens have the right to apply for information from the county government.
The table below presents the application process as per the Access to Information Act (ATI).
Step of the application process |
Description |
1. Designation of Information Access Officer The CEO of any public agency, the County Secretary and County Assembly Clerk, will be designated as the Information Access Officer (IAO) and may delegate this responsibility accordingly. You will need to find out who is in this role and how to contact them. |
(See ATI Act Section 7 (1) (2)) - The IAO is the person in charge of all issues relating to access to information in an institution. - Information Access Officers (IAOs) can make consultations and seek assistance in processing of information requests. - The Act also provides an avenue to consider adoption of Information Committees within public entities. This is particularly favourable in public entities with high staff turnover, such as county governments. - Best practice from other countries also recommends the following: o Developing job descriptions for IAOs and networks of IAOs. o Developing uniform criteria for IAOs to apply in making a decision on whether or not to approve an information request. o Developing clear and publicised internal workflow on processing of information requests. - The names and contact details of Information Access Officers for each County Assembly and County Executive (updated 20/2/19) can be found on the CAJ website. |
2. Application for Access to Information Citizens can make their requests to the IAO. An application for access to information should be made in writing in English or Kiswahili. Some county governments may have a form to use, and they must assist you to use the form if needed. |
(See ATI Act Section 8 (1)-(4)) - The applicant shall provide details for any public official to understand what information is being requested. - Where a requester is unable to make a written request due to reasons of illiteracy or disability, the IAO shall take the necessary steps to ensure that the request can be made in a manner that meets their needs. - The IAO shall then input the information into a form and provide the applicant with a copy of the request on completion. - A public entity may prescribe a form for making an application to access information but this should not place an undue burden on applicants. - No application may be rejected on the grounds only that the applicant has not used the prescribed form. |
3. IAO receives and responds to request An institution must make a decision on a request for information as soon as possible, but within 21 days of receiving the request. You must be given a reason for any refusal to grant access to information. |
(See ATI Act Section 9 (1)-(6) and 10 (1)-(4)) - The ATI Act imposes strict timelines for processing information requests - Reasons must be given for any refusal to grant access to information. - Transfer of requests to another institution must not delay granting the information requested. |
4. Providing Access to Information Once a decision is made to provide information, the applicant will be informed in writing. If fees apply, you should be informed of the details of the fee and method of payment. |
(See ATI Act Section 11 (1)-(4)) Once a decision is made to provide information, the applicant will be informed in writing: - That the application has been granted. - That the information will be contained in an edited copy, where applicable. - The details of any fees to be paid for access, together with the calculations made to arrive at the amount of the fee. - The method of payment of any fees. - The proposed process of accessing the information once the payment (if any) is made. - That an appeal may be made to the CAJ in respect of the fees to be paid or the proposed form of access. |
How is a request for information handled?
This flow chart can also show you how the process of requesting information works.
How can I appeal a decision about Access to Information?
You are entitled to apply to the Commission on Administrative Justice (CAJ) for a review of a decision on access to information following these steps:
- You must submit an application to the CAJ within 30 days of receiving the decision in question.
- The CAJ determines whether the application is proper or not.
- The CAJ enquires into or investigates the issues that you want to have reviewed.
- The CAJ makes a determination. Upon review, the CAJ can order the release of information withheld unlawfully.
- The CAJ communicates its decision to you and the institution.
There are three things that can happen after the CAJ makes a decision or gives an order:
- Both you and the institution agree with the decision of the Commission.
- Either you or the institution disagrees with the decision of the Commission and appeals to the High Court (within 21 days).
- You or the institution goes to court for enforcement of orders where there is a delay in carrying out the orders.
This process is described in Section 14 of the ATI Act (2016). An applicant may apply in writing to the Commission requesting a review of any of the following decisions of a public entity or private body in relation to a request for access to information:
(a) a decision refusing to grant access to the information applied for.
(b) a decision granting access to information in edited form.
(c) a decision purporting to grant access, but not actually granting the access in accordance with an application.
(d) a decision to defer providing access to information.
(e) a decision relating to the imposition of a fee or the amount of the fee.
(f) a decision relating to the remission of a prescribed application fee.
(g) a decision to grant access to information only to a specified person.
(h) a decision refusing to correct, update or annotate a record of personal information in accordance with an application made under Section 13.
The appeal to the CAJ should be filed within 30 days from the day the decision was notified to the applicant, this time period can be extended by the CAJ. The CAJ can also review decisions on proactive disclosure upon request, or on its own motion. Upon review, the CAJ can order release of information withheld unlawfully, recommend payment of compensation, or any other lawful remedy.
Want to know more about Access to Information?
- What does Kenyan legislation say about the right to Access Information
- What are the principles of the right to Access Information
- Who has a role in helping with Access to Information
- What are the limitations to Access to Information
- What penalties apply under the ATI Act (2016)
Source: adapted from ‘The Right to Access Information: Simplified Version of the Access to Information Act’, Commission on Administrative Justice