Access to information for Kenyans still a challenge - Ombudsman

Commission on Administrative Justice commissioner Dorothy Jemator (right) with Nyeri Governor Mutahi Kahiga and other officials outside the governor's office on March 5, 2025 /FILE
Kenya is yet to attain a 100 per cent score in her pursuit of easing access to information to the public.
According to a Report by the Commission on Administrative Justice (CAJ), despite the country’s stringent strides to comply with Access to Information Act (ATI) 2016, country still grapples with challenges such as inadequate resources, culture of secrecy, inadequate capacity, as well as lack of a national policy to guide records management.
In its Report, Milestones and Challenges in Implementation of the Access to Information Act, 2016, the commission now recommends more focus on improving access to information infrastructure, streamlining mechanisms for disclosure of information, and strengthening records management and computerisation.
The research which involved data from a sample of 139 institutions and 407 members of the public in 21 counties seeking services at various institutions, also found out that private institutions were more efficient in processing general requests for information compared to government facilities owing to long bureaucratic processes.
“The findings reveal that over 60 per cent of the institutions have established access to information management infrastructure. However, the county governments and private bodies had inadequate access to information management infrastructure,” the report shows.
The study shows that over 65 per cent of the institutions have put in place mechanisms to enhance efficiency in reactive disclosure of information.
The mechanisms include: institutionalisation of access to information, development of institutional frameworks, widening of channels for requesting information, awareness creation on internal procedures for requesting information and adoption of technology.
The study established that an ingrained culture of secrecy and a negative staff attitude towards disclosure of information impeded access to information in some institutions.
Others that hindered access to information are poor organisational culture which included unresponsiveness, discourtesy, delay, rudeness and impunity.
Additionally, members of the public reported that some officers solicited bribes to grant information. This led to apathy amongst the members of the public from seeking information.
In regard to record digitisation, 67.0 per cent of the institutions sampled had digitised their operational records leaving out digitisation of records on core services.
This, according to the CAJ Report, showed non-compliance with the ATI act of computerising records.
In terms of the level of public awareness on their constitutional right of access to information, the study found that 68.8 per cent of the interviewed respondents were aware.
On record management, it was found that 87 per cent of the institutions have designated records management offices and 87 per cent of the institutions have established both physical and electronic record management systems.
“Pertaining records management as required by the Act, most of the institutions had not complied with digitisation and computerisation but rather had automated their operational processes such as payroll and procurement. There were noticeable milestones attributed to the implementation of the Access to Information Act, 2016 by the institutions. This centered on institutionalization, strengthening information disclosure procedure and processes, enhanced information disclosure benefits and awareness on the Right of Access to Information public,” the Report reads.
It was similarly found out that a higher proportion of men (at 71.0 per cent) were aware of their constitutional right to access to information as compared to women at 66.0 per cent.
In terms of age, persons aged between 26-33 years (73.0 per cent) had the highest awareness while those aged above 60 years (57 per cent) ranked lowest.
Education level also played a big role on the matter with persons with university education (79 per cent) being aware of their right to access to education compared to other levels of learning.
In concluding its report, the Ombudsman recommends both the county government and private bodies to develop access to Information management infrastructure, including ATI manuals and regulations.
In addition, CAJ has called for collaboration between public and private entities in terms of facilitating how special interests groups such as persons with disabilities, could access information with ease.
The report also recommends that the Office of the Data Protection Commissioner and CAJ upscale public education in regard to their respective mandate with an aim of addressing perceived conflict between ATI Act 2016 and Data Protection Acts, 2019.