Secrecy versus democracy: an analysis of the limitation of the right to access state held information as guaranteed under article 35 of the constitution of Kenya on the grounds of national security

Simple item page
dc.contributor.authorKanyi, T. K.
dc.date.accessioned2025-11-19T08:14:43Z
dc.date.available2025-11-19T08:14:43Z
dc.date.issued2024
dc.descriptionFull - text undergraduate research project
dc.description.abstractThe right to access state held information is inextricable from democracy, a government that is for the people and by the people is only truly democratic if it is participatory, transparent and accountable. This dissertation argues the indispensability of the right to access information, particularly within the context of Kenya, where arbitrary and sweeping national security secrecy claims have been wielded as a means to limit this fundamental right. Article 35 of the Kenyan Constitution guarantees the right to access information, yet its efficacy is undermined by discretionary and overreaching national security provisions. Drawing upon a desktop research methodology encompassing a comprehensive review and analysis of journal articles, statutes, legislation, it becomes evident that the overreach of national security secrecy claims in Kenya has deep roots, despite this new age of openness brought on through the Constitution and the access to information legislative framework; it is perpetuated by a lack of regulation and oversight. This unchecked discretion has led to the maintenance of a culture of secrecy, wherein the national security is used as a blanket assertion without sufficient justification, more often than not for political reasons at the expense of democratic principles by comparing the Kenyan context with experiences from South Africa, this dissertation highlights the importance of a balanced approach to national security and access to information. While acknowledging the legitimate need to safeguard national security interests, it argues for clear and transparent mechanisms to regulate the invocation of secrecy claims. This dissertation calls for a re-evaluation of Kenya's approach to national security secrecy claims. It advocates for the implementation of comprehensive and substantive regulation and oversight mechanisms to prevent the abuse of discretion, thereby fostering a culture of transparency and accountability.
dc.identifier.citationKanyi, T. K. (2024). Secrecy versus democracy: An analysis of the limitation of the right to access state held information as guaranteed under article 35 of the constitution of Kenya on the grounds of national security [Strathmore University]. http://hdl.handle.net/11071/15870
dc.identifier.urihttp://hdl.handle.net/11071/15870
dc.language.isoen
dc.publisherStrathmore University
dc.titleSecrecy versus democracy: an analysis of the limitation of the right to access state held information as guaranteed under article 35 of the constitution of Kenya on the grounds of national security
dc.typeThesis
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
Secrecy versus democracy - an analysis of the limitation of the right to access state held information as guaranteed under Article 35 of the constitution of Kenya on the grounds of national security.pdf
Size:
6.23 MB
Format:
Adobe Portable Document Format
Description:
Download
License bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
license.txt
Size:
1.71 KB
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
LLB Research Projects (2024)