Enlighten Kenyans on their right to access information

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Enlighten Kenyans on their right to access information

Monday, July 8, 2019 21:12

By EDWARD CEDRIC OPANY |

Article 35 of the Kenyan Constitution reaffirms the right of the public to access information from government and private entities. The incorporation of this provision in the Constitution was necessitated by the need for open, participatory and accountable governance.

Put differently, it took cognisance of the fact that Kenya had become a society where social vices such as corruption and impunity reigned supreme under the cover of official secrecy. The Official Secrets Act had acted as a licence for opaqueness and Kenyans felt that it was important to open access to information held by government to citizens.

Indeed, a number of social audit reports on devolved funds by The Institute for Social Accountability (TISA) have consistently cited opaqueness as one of the challenges to transparency and accountability in the management of devolved funds in Kenya.

Access to information is undoubtedly critical in enabling citizens to have their voices heard, to effectively monitor and hold government to account, and to enter into informed dialogue about decisions which affect their lives. It is seen as a vital tool for empowering all citizens, including vulnerable and excluded people, to claim their broader rights and entitlements.

However, its potential contribution to good governance lies in both the willingness of government to be transparent, as well as the ability of citizens to demand and use information.

Without an adequately developed “demand side,” the law is likely to wither on the vine. In other words, the demand and supply sides must match, and where they intersect will determine the quality of the transparency regime.

In a good number of the counties, for example, budgets remain opaque due to the deeply entrenched culture of secrecy that hinder access to information.

This culture of secrecy requires an active citizenry that demands information. When citizens cannot demand for information then it becomes difficult for them to hold leaders and institutions to account. It is unfortunate that information gap is rarely cited as one of the major challenges in the fight against corruption.

Corruption cannot be fought without access to information. Further, it is important to breakdown information to establish the reasons for service failures and come up with practical solutions.

The civil society, media and the public need to make use of the law. Social accountability mechanisms such as tracking of budget allocations and expenditure for development and recurrent expenses at the national and county level can only be effective if citizens access relevant information in a timely manner.

Moving beyond the enactment of the law, it is important to create public awareness of the framework and processes of accessing information. Legislation, however its progressive nature, would be of no utility value if the citizens who are the main beneficiaries are not aware of its existence.

In the case of the Access to Information Act, there is unanimity that it is a game changer in terms of influencing open government and enhancing socio-economic development.

In spite of this, many Kenyans are yet to know about the existence of this law, let alone understanding its contents.

A recently concluded campaign on access to information by TISA revealed that the majority of Kenyans are not familiar with the Act and those polled did not know how to request for information from public institutions and some private entities.

The level of awareness is even worse in relation to access to information laws by some County Governments that have enacted them pursuant to the County Governments Act. Interestingly, in some of these cases, even staff in the County Governments are not aware of the existence of such laws!

The lack of awareness of the right to access information among the citizens is one of the key obstacles to the successful implementation of the law in Kenya.

The demand side is very crucial in access to information. Citizens need to be informed that they have the right to access information, how to exercise this right, and the steps they should take in the event they are denied information. In order to achieve this, the demand side should be propped up through a series of measures.

In addition, immediate, short-term action including country wide access to information campaigns involving various government agencies, civil society and the media should be adopted.

The media and civil society also have to play a pivotal role in strengthening access to information.

The media has a role in using, facilitating and educating the public about the right to access information. Journalists in Kenya should use the access to information law to gather information and substantiate their news reports and stories.

The media can also play a more substantial role in creating public awareness of the law by carrying news reports, editorials, and stories about the Act, highlighting success stories, and turning the spotlight on implementation efforts and challenges.

There is need, at the same time, to impress upon media decision makers and newsroom leaders the importance of right to access information, and to train journalists to use the law for investigative reporting.

The civil society organisations similarly should play a key role as advocates, educators, and users of the right of access to information and to assist citizens in filing requests for information.

They should also set up right to access information help lines and helpdesks to act as one-stop-shops for information on the law’s provisions and procedures.

On the supply side, the public officers, they not only need to be aware of the existence of the Act, but also understand their mandate under the Act which is to proactively disclose information.

The Act provides an offence of failure to disclose information by a public official and imposes a penalty of Sh50,000- or three-months imprisonment.

Public officers must also understand the paradigm shift established by the Act that information belongs to citizens and not government; government is only the custodian of information on behalf of the public.

The writer is a development communication specialist.