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Kenya

Implement Access to Information Act (KE0029)

Overview

At-a-Glance

Action Plan: Kenya Action Plan 2020-2022

Action Plan Cycle: 2020

Status: Active

Institutions

Lead Institution: Commission on Administrative Justice (CAJ)

Support Institution(s): Other actors involved; ARTICLE 19 Eastern Africa, Mzalendo Trust, The Institute for Social Accountability (TISA)

Policy Areas

Access to Information, E-Government, Fiscal Openness, Legislation & Regulation, Local Commitments, Publication of Budget/Fiscal Information, Right to Information

IRM Review

IRM Report: Pending IRM Review

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Pending IRM Review

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

We seek to ensure the effective implementation of the Access to Information Act (ATI Act) for the realization of citizens’ right of access to information. We will leverage on technology to enhance the practice of proactive disclosure and promote effective records management. An area where information is sorely needed, and the commitment will seek to address, relates to Kenya’s public debt sustainability.

Objective To operationalize Article 35(1) and the Access to Information Act 2016. Access to information is the bedrock upon which open governance is founded. When people are informed, they can participate fully in public life and contribute to determining priorities on policies and public spending. The public is also able to meaningfully participate in ensuring the government is accountable, responsive and transparent.

Status quo Kenya passed the Access to Information Act on 31st August 2016. The law gives Kenyan citizens the right of access to information held by public entities and relevant public bodies. The Act came into force and is being implemented at both national and county levels of government. Effective implementation is hampered by the lack of regulations which would better articulate the processes through which information is provided to citizens. Lack of a proper monitoring framework on proactive disclosure ensures that no clear standards are applied by the public institutions in disclosure of information making it difficult to assess whether the objectives of the Access to Information Act are being met. Further, non-digitization of records as required by the Act has hindered access to information held by public entities.

Ambition The commitment will help put focus on the adoption of the Access to Information regulations which will ensure better implementation of the Act by giving clarity on process issues. The digitization of records will help ensure better record keeping practices and in turn improve proactive disclosure standards of public entities, thereby ensuring maximum disclosure of information, a principle of ATI. The development of a county ATI law will ensure that the most requisite principles of access to information and best practices are adhered to when counties draft their own ATI laws.

No. Verifiable and measurable milestones to fulfill the commitment Status of milestone Start Date End Date 1. Passing of Access to Information Regulations. New January 2021 December 2021 2. Completion and roll out of the Access to Information (ATI) at the Kenya School of Government New January 2021 December 2021 3. Develop a framework for the adoption of the model Access to Information Law by counties New January 2021 December 2022 4. Implementation of a reporting framework on proactive disclosure for public institutions New January 2021 December 2022 5. Enforcement of digitization of records held by public institutions New January 2021 December 2022 6 Open and accessible public debt register New January 2021 June 2022

Commitments

  1. Create public beneficial ownership register

    KE0024, 2020, Access to Information

  2. Implement e-government system adopting Open Contracting Data Standard

    KE0025, 2020, Access to Information

  3. Publish open data to spur innovation in public service delivery and development

    KE0026, 2020, Access to Information

  4. Increase efforts to promote public participation in the legislative process

    KE0027, 2020, Civic Space

  5. Apply County Peer Review Mechanism to improve public service delivery

    KE0028, 2020, E-Government

  6. Implement Access to Information Act

    KE0029, 2020, Access to Information

  7. Implement legislation to increase access to justice

    KE0030, 2020, Access to Justice

  8. Build institutional support of OGP

    KE0031, 2020, Capacity Building

  9. Beneficial Ownership

    KE0018, 2018, Access to Information

  10. Open Contracting

    KE0019, 2018, Access to Information

  11. Open Geo-Spatial Data for Development

    KE0020, 2018, Access to Information

  12. Public Participation

    KE0021, 2018, Capacity Building

  13. Governance Indices

    KE0022, 2018, Capacity Building

  14. Open Government Resiliency

    KE0023, 2018, Capacity Building

  15. More Transparent and Participatory Development of Climate Polices at the National and Subnational Level

    KE0010, 2016, Access to Information

  16. Enhancing Preventive and Punitive Mechanisms in the Fight Against Corruption and Unethical Practices

    KE0011, 2016, Anti-Corruption

  17. Enhance Transparency in the Legislative Process

    KE0012, 2016, E-Government

  18. Publish Oil and Gas Contracts

    KE0013, 2016, Anti-Corruption

  19. Starred commitment Ensure Greater Transparency Around Bids and Contracts

    KE0014, 2016, Anti-Corruption

  20. Create Transparent Public Procurement Process, Public Oversight of Expenditure and Ensure Value-For-Money Towards Citizen Priorities

    KE0015, 2016, Access to Information

  21. Improving Access to Government Budget Information and Creating Wider and More Inclusive Structures for Public Participation

    KE0016, 2016, E-Government

  22. Starred commitment Enhance Right to Information

    KE0017, 2016, Access to Information

  23. Starred commitment Improving Transparency in Electoral Processes: 1.A. Definition of Electoral Boundaries and Name.

    KE0001, 2012, Media & Telecommunications

  24. Improving Transparency in Electoral Processes: 2.B. Voting Information Online

    KE0002, 2012, Access to Information

  25. Promoting Public Participation: 1.B. End-To-End Service Delivery Portal

    KE0003, 2012, E-Government

  26. Promoting Public Participation: 1.D. Public Complaints Portal

    KE0004, 2012, E-Government

  27. Promoting Public Participation: 2.C. Kenya Action Plan Online

    KE0005, 2012, Public Participation

  28. Promoting Public Participation: 1.C. Open Data Portal

    KE0006, 2012, Access to Information

  29. Starred commitment Improving Transparency in the Judiciary: 2.A. Public Vetting of Judges and Case Allocation System

    KE0007, 2012, E-Government

  30. Open Budgets: 3.a. Improve Kenya's OBI Index

    KE0008, 2012, Fiscal Openness

  31. Open Budgets: 3.B. Increase Public Participation in Budgetary Processes

    KE0009, 2012, Access to Information

Open Government Partnership