Kenya: Citizens Demand More Information from Government

By George Okore

NAIROBI---Kenyans joined the rest of the world in marking September 28 as Freedom of Information day, a day set aside to raise awareness about the right to freedom of information, held by the Government.

To mark the occasion, Kenyan civil society organizations want citizens to be vigilant towards the ongoing processes of public appointments, development of laws and budget making as stakeholders in the constitutional implementation process. Organization including ICJ-Kenya, Transparency International Kenya, Elimu Yetu Coalition, Kenya Human Rights Commission, Centre for Governance and Development urged citizens not shy away from demanding information from the government on various development projects and matters of public interest.

Working under the banner The Freedom of Information Network, the organizations launched “the yellow movement” and will wear a yellow ribbon to demonstrate support for freedom of information campaign in Kenya.  “A freedom of information law will play the distinct role of providing procedure to acquire information such as those on devolved funds, budget information and address complaints, and exemptions within the law” says Gitonga Muranga from ICJ- Kenya Chapter.

The Kenyan Constitution recognizes the right to access to information under Article 35.  And President Mwai Kibaki and Prime Minister, Raila Odinga have on several occasions reiterated their support for freedom of information. Despite this, the consortium say Kenya does not have an access to information law.  Although such a law will play a critical role in fighting corruption and promoting transparency, accountability and public participation, it has not received the priority it requires.

They argue that some of the laws being developed contain provisions that are intended to curtail freedom of information.   These include National Police Service Act and Independent Electoral and Boundary Commission Act. “Many of legal provisions that curtail freedom of information are based on misconceptions. One such misconception is that the right to information is a risk to state security, yet this can be addressed through exemptions instead of limiting access to information through blanket provisions. If left unresolved, these laws risk being declared unconstitutional and the civil society will not hesitate to bring the matters for interpretation to the High Court”, argues Gitonga.