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).
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Step of the application process |
Description |
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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. |
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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. |
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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. |
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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.
