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, Publication of Budget/Fiscal Information, Right to Information, SubnationalDescription
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
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Create public beneficial ownership register
KE0024, 2020, Access to Information
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Implement e-government system adopting Open Contracting Data Standard
KE0025, 2020, Access to Information
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Publish open data to spur innovation in public service delivery and development
KE0026, 2020, Access to Information
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Increase efforts to promote public participation in the legislative process
KE0027, 2020, E-Government
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Apply County Peer Review Mechanism to improve public service delivery
KE0028, 2020, E-Government
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Implement Access to Information Act
KE0029, 2020, Access to Information
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Implement legislation to increase access to justice
KE0030, 2020, Access to Justice
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Build institutional support of OGP
KE0031, 2020, Capacity Building
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Beneficial Ownership
KE0018, 2018, Access to Information
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Open Contracting
KE0019, 2018, Access to Information
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Open Geo-Spatial Data for Development
KE0020, 2018, Access to Information
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Public Participation
KE0021, 2018, Capacity Building
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Governance Indices
KE0022, 2018, Capacity Building
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Open Government Resiliency
KE0023, 2018, Capacity Building
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More Transparent and Participatory Development of Climate Polices at the National and Subnational Level
KE0010, 2016, Access to Information
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Enhancing Preventive and Punitive Mechanisms in the Fight Against Corruption and Unethical Practices
KE0011, 2016, Anti-Corruption
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Enhance Transparency in the Legislative Process
KE0012, 2016, E-Government
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Publish Oil and Gas Contracts
KE0013, 2016, Anti-Corruption
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Ensure Greater Transparency Around Bids and Contracts
KE0014, 2016, Anti-Corruption
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Create Transparent Public Procurement Process, Public Oversight of Expenditure and Ensure Value-For-Money Towards Citizen Priorities
KE0015, 2016, Access to Information
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Improving Access to Government Budget Information and Creating Wider and More Inclusive Structures for Public Participation
KE0016, 2016, E-Government
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Enhance Right to Information
KE0017, 2016, Access to Information
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Improving Transparency in Electoral Processes: 1.A. Definition of Electoral Boundaries and Name.
KE0001, 2012, Media & Telecommunications
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Improving Transparency in Electoral Processes: 2.B. Voting Information Online
KE0002, 2012, Access to Information
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Promoting Public Participation: 1.B. End-To-End Service Delivery Portal
KE0003, 2012, E-Government
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Promoting Public Participation: 1.D. Public Complaints Portal
KE0004, 2012, E-Government
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Promoting Public Participation: 2.C. Kenya Action Plan Online
KE0005, 2012, Public Participation
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Promoting Public Participation: 1.C. Open Data Portal
KE0006, 2012, Access to Information
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Improving Transparency in the Judiciary: 2.A. Public Vetting of Judges and Case Allocation System
KE0007, 2012, E-Government
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Open Budgets: 3.a. Improve Kenya's OBI Index
KE0008, 2012, Fiscal Openness
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Open Budgets: 3.B. Increase Public Participation in Budgetary Processes
KE0009, 2012, Access to Information