The Commission on Administrative Justice (CAJ) is the oversight agency of the right to access to information as provided for by the Access to Information Act, 2016. According to Article 35 of the Constitution of Kenya, 2010, the Act requires all public entities and relevant private bodies to disclose information upon public request. The CAJ developed this handbook to act as a source book. The handbook provides an overview of the legal framework on access to information in Kenya and the Access to Information Act, 2016. The handbook was developed through research, conducting studies on the implementation of access to information laws in five countries, and through interviews with key stakeholders in Kenya. Illustrations of best practices from eight different countries are also captured in the handbook.
The Handbook is organized in six sections and the sections address following issues/aspects: Legal framework on the right to access to information in at the global, regional and national level; Overview of the access to information terminology, how information is to be accessed, enforcement of the right of access to information, sanctions for violation of the right and the obligations of public entities; and best practices in implementation of access to implementation laws. The practical illustrations are provided in textboxes on a pink background. The next session documents best practices from Mexico on implementation of the access to information law in devolved settings, and the sequence of implementation activities undertaken in three countries and seeks to offer guidance on the question ‘how do we start?’. The next session contains relevant tools for the implementation of the Act and the final part contains case law from Kenya and other jurisdictions relating to access to information.
The handbook is meant to provide operational guidance to for the CAJ, Public Institutions, County Governments and the general public and serve as a valuable source in the implementation of the Kenya Access to Information Act, 2016.
