The government has pledged to make public information available before citizens have to ask for it, renewing the push for greater transparency as Kenya prepares to mark the International Day for Universal Access to Information.
Broadcasting and Telecommunications PS Steve Isaboke on Thursday said Kenya had established a strong legal and policy framework for access to information, including the newly approved Access to Information Policy, but the focus must now shift to implementation.
“Information should be available before citizens have to ask for it,” Isaboke said, outlining efforts through the National Communication Centre and the wider government communication architecture to strengthen proactive disclosure and coordinated communication.
He spoke during a forum hosted by the Embassy of Finland in Kenya in partnership with UNESCO and the Commission on Administrative Justice ahead of the International Day for Universal Access to Information, observed globally on September 28.
The forum brought together government officials, diplomats, civil society, academia and media representatives to assess the implementation of Kenya's Access to Information Act, 2016, including compliance by public institutions, proactive disclosure, digitisation of records and the capacity of government agencies to meet their obligations.
The focus on implementation comes nearly a decade after Kenya enacted the law to give effect to Article 35 of the Constitution. The law guarantees every citizen the right to access information held by the State and information held by another person where it is required for the exercise or protection of a fundamental right or freedom.
Under Section 5 of the Access to Information Act, public entities are required to facilitate access to information and publish relevant facts when formulating important policies or announcing decisions affecting the public.
The law also requires public entities to publish information relating to their organisation, functions, decision-making procedures and guidelines, while contracts entered into by public entities are subject to disclosure requirements.
The 2023 Access to Information Regulations further define proactive disclosure as the routine and systematic dissemination of information without requiring a request. They require public entities to publish, among other things, information on services, financial and other reports, procurement records, public-private partnerships and details of their information access officers.
Yet the implementation of these provisions remains a challenge.
A 2025 assessment by the CAJ identified inadequate resources, a culture of secrecy, inadequate capacity and weaknesses in records management among factors affecting access to information. The assessment also found gaps in digitisation, with many institutions having automated some operational processes without fully digitising records relating to their core services.
The CAJ has also previously identified delays, unresponsiveness and negative attitudes among some public officers as obstacles to citizens seeking information. Some members of the public reported demands for bribes to obtain information, further discouraging people from exercising their right to know.
Under the law, a public officer is required to make a decision on an application for information within 21 days, while requests concerning the life or liberty of a person are subject to a 48-hour timeline.
The challenge, therefore, is increasingly less about whether Kenyans have a legal right to information and more about whether public institutions are consistently meeting their obligations.
The Finland-UNESCO-CAJ forum also placed emphasis on ensuring that access is inclusive, particularly for women, persons with disabilities, older persons and other vulnerable groups who may face additional barriers in obtaining information.
The discussions are expected to contribute to the forthcoming State of Openness Report being prepared by CAJ.
The issue also forms part of monitoring progress for Unesco towards Sustainable Development Goal 16.10.2, which calls for public access to information and the protection of fundamental freedoms.
As Kenya looks beyond Vision 2030, Isaboke said the government would seek to ensure information reaches citizens through accessible and inclusive channels, positioning proactive disclosure as an important component of public participation and service delivery.
