Information Communication Technology Authority Cabinet Secretary William Kabogo in his office on October 12, 2026. /WILLIAM KABOGO/XThe government has published a new policy intended to make it easier for Kenyans to obtain information held by public institutions, including records on government decisions, public programmes and the use of public funds.
The Access to Information Policy, 2026, gazetted on October 9, seeks to strengthen the implementation of citizens' constitutional right to information by addressing bureaucratic delays, poor records management and a culture of secrecy that have hindered access to public records.
Information, Communications and the Digital Economy Cabinet Secretary William Kabogo said the policy responds to constitutional and legal requirements, as well as international commitments on transparency and accountability.
"This policy therefore responds to constitutional and legal requirements on access to information as well as Kenya's Vision 2030, which identifies public access to information and data as a strategy to encourage participation of citizens in development," the gazette notice reads in part.
The ministry says the framework is intended to promote public participation, strengthen accountability in the public sector and enable citizens to participate more effectively in governance and democratic processes.
It adds that the policy aligns with the Global SDGs, which identify access to information as a key part of freedom of expression and an important tool for promoting the rule of law and building trust in government Institutions.
However, the policy's significance will depend on whether public institutions translate these commitments into more timely responses to public requests for information and records.
"This calls for a concerted and team effort from all stakeholders, especially those identified in the policy," Kabogo said, urging the public and private sector, civil society, faith-based organizations, the media, academia and citizens to be active participants in implementing the policy.
Institutions expected to disclose information
Under the policy, public institutions and other bodies covered by the access-to-information framework are expected to publish information of public interest without waiting for citizens to request it.
The information must be in any of the official languages or in a common local language or dialect as may be relevant in the respective local context, or in a format that is accessible to persons living with disabilities.
This is aimed at making it easier for Kenyans to scrutinise public spending, examine administrative decisions and establish how government programmes are being implemented.
Institutions are also expected to establish procedures for handling requests and communicate their decisions within the timelines prescribed by law.
"Where a public entity or private body has departments, regional offices or semi-autonomous units, the Information Access Officer may delegate the performance of the duties to an officer in those departments, offices or units," the access to information regulations state.
The policy calls for better records management, including keeping information accurate, reliable and accessible, alongside the use of technology to improve the storage and retrieval of public records.
For citizens, these measures could reduce the time and effort required to obtain information from government offices.
The framework also addresses the protection of people who disclose official wrongdoing in the public interest.
It proposes safeguards against victimisation, discrimination, punishment and dismissal, as well as measures to protect the identities of those who report wrongdoing.
These protections could encourage more people to report suspected malpractice, although their effectiveness will depend on how institutions implement and enforce them.
Access to information is not unlimited
The policy does not mean that every government document must be made public.
Information may still be withheld where disclosure would breach lawful restrictions, including those protecting national security, personal privacy, commercial interests and certain legal proceedings.
Where access to information is denied, the aggrieved requester has a right to be informed of the decision and the timelines within which a request for review may be submitted.
Kenyans who are denied access to information can pursue established review and complaints mechanisms, including through the Commission on Administrative Justice, commonly known as the Office of the Ombudsman.
The Access to Information Act, 2016, provides the legal framework for exercising that right and places obligations on public entities and, in specified circumstances, private bodies.
The new policy therefore provides a broader framework for implementing these existing legal commitments across government and other relevant institutions.
Its publication also responds to longstanding concerns about inconsistent disclosure practices, inadequate resources, weak information management and limited public awareness of the right to information.
Public institutions are required to submit to the Office of the Ombudsman their Annual Access to Information Report at the end of every financial year (June 30), compiled from all quarterly reports prepared within the ended financial year.
"In the event the reporting institution knowingly submits manipulated or false information, the commission has the right to initiate appropriate action against the reporting institution or the CEO as stipulated by the ATI Act, 2016 and other enabling laws," the Office of the Ombudsman warns.
The policy could help journalists, researchers, civil society organisations and ordinary citizens obtain records needed to question public decisions, monitor expenditure and participate meaningfully in governance.
However, publishing a policy does not by itself guarantee that institutions will release information promptly or comply with their obligations.
Its impact will depend on whether public bodies put effective procedures in place, maintain usable records, allocate sufficient resources and respond to requests within the legally prescribed timelines.
For Kenyans, the key question is whether obtaining a government record will become easier in practice, rather than remain a constitutional right that is difficult to exercise.
