Access to information in Kenya: statutory enactment of Constitutional rights

Abstract

Access to information in Kenya was not adequately catered for in law. It has taken too long to enact an access to information law thus leaving room for violation of the right of access to information. This study seeks to establish the need for statutory enactment of Access to Information Law. The study was done through literature review on access to information and adopted a qualitative analysis. Thus establishing the scope of the right as being public and private bodies dealing with records of any form. A comparative analysis with South Africa brought out the grounds of refusal that are permissible without violating the right of access to information and role of a Commission as an oversight mechanism. For the purpose of upholding and protecting the right of access to information in Kenya, the study recommends that legislators must formulate laws that can be easily implemented. It also proposes that instruments such as political will and open government partnership commitment must be incorporated during enactment as well as implementation. In the end, the study concludes that enactment is necessary and will indeed uphold the right of access to information as guaranteed in Article 35 of the Constitution of Kenya 2010.