Access to information is a fundamental human right, enshrined in Article 19 of the Universal Declaration of Human Rights, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” The right to access information is also enshrined in the Kenyan Constitution, which recognizes the importance of transparency and accountability in governance.
The Access to Information Act, 2016 stipulates the rights of citizens to get information from public institutions and agencies that have the information. The law promotes transparency, accountability, and participation of citizens in government processes by giving Kenyans access to information about the activities of the government, decisions made, and resources allocation.
By this act, every citizen has legal authorization to demand information from all public bodies without showing any satisfactory justification for their need to seek information. Public institutions are, therefore, under obligation to respond to these requests as soon as possible, in
order to ensure the public is fully informed of issues which directly impinge upon their daily lives, such as policy decisions, budget allocations, and government contracts.
However, despite these provisions, many Kenyans still face significant barriers in accessing information, particularly in rural and marginalized areas.
Most of the government agencies have not smoothed processes that could ensure smooth access to information from the public. Whereas the law calls for timely responses, in real life, citizens face delays because of heavy and complex bureaucratic systems. The public offices demand unnecessary paperwork or delay the information where officials in charge are either uninformed about the law or simply not willing to release certain data. Besides, some of them do not have a proper record-keeping system to help retrieve information. This really discourages citizens from pursuing their right to information and dampens the spirit of transparency that the law seeks to promote.
There is still a culture of secrecy in many Kenyan government institutions, where officials are reluctant to share information, especially when it pertains to sensitive issues like governance, finance, or corruption. Even with legal obligations, some officials may view the public release of information as a threat to their authority or as an exposure of inefficiencies and mismanagement.
Political interference weakens the implementation of the law and deters individuals and organizations from requesting or publishing important public information. There are cases where political interests interfere with the release of certain types of information, especially those related to government accountability and corruption. Media houses, civil society organizations, or individuals seeking sensitive information may face intimidation or harassment.
On the contrary, access to information has played a vital role in driving social and economic development, particularly in a country marked by diverse cultures, rural populations, and rapid urbanization. When citizens have access to accurate and timely information, they can seize opportunities for growth in areas like education, healthcare, agriculture, and business development. For instance, rural and urban communities rely heavily on information about market prices, weather conditions, and farming techniques to improve agricultural productivity, which remains a key pillar of the Kenyan economy. Access to healthcare information whether through media, mobile platforms, or local community initiatives enables individuals to make informed decisions about their well-being, leading to healthier communities and a more productive workforce.
Additionally, information access empowers marginalized groups such as women, rural populations, and persons with disabilities (PWDs). By breaking down barriers to information, these groups can better access government services, educational resources, and financial services like micro-loans or mobile banking platforms (e.g. M-Pesa), which significantly improve their economic and social standing. This inclusivity fosters a more equitable society, where everyone has the chance to contribute to and benefit from Kenya’s growing economy.
Access to information empowers citizens through informed decisions and active participation in democratic processes. It is a way of ensuring that people hold leaders accountable, demand better services, and advocate for their rights. Hence, informed citizens can, for this reason, challenge misinformation, debate on national issues, and help shape their communities through informed voting and activism.
The media are the chief channels through which information is made available to the public, thereby making them among the strongest instruments for realizing universal access to information. Traditional mass media: radio, TV, and newspapers are the most used sources throughout Kenya, both in urban and rural areas, to reach millions of people. These channels help in simplifying lengthy government policies, changes in legislation, and public announcements into what is easily understood.
The internet has revolutionized the speed and reach of information dissemination. Unlike traditional media, which may be constrained by geographic or technical limitations, the internet allows for instant and widespread sharing of information. This real-time access enables Kenyans, regardless of their location, to receive timely updates on critical issues such as elections, public health, policy changes, and security alerts. During the 2023/2024 protests, platforms like Twitter, Facebook, and WhatsApp became indispensable for sharing real-time updates and coordinating protest activities. Social media allowed protesters and organizers to disseminate information instantly across the country, ensuring that people were informed of meeting points, changes in plans, or developments on the ground.
Twitter was the merge of live updates on issues, with hashtags going viral, such as #MaandamanoTuesday, #RejectFinanceBill and so on. Protesters shared videos, photos, and live commentary; it helped in organizing the masses and ensured the momentum was maintained.
WhatsApp groups enabled the assurance of more intimate and secure coordination, logistically updated information, shared tips on safety, and even the planning of the next course of action based on unfolding events, rather than from traditional media sources that might fail to report some of the protests live.
The internet empowered marginalized communities to participate in the protests and amplify their concerns. Unlike traditional media, which might focus on the broader national picture, the internet allowed youth, women, informal sector workers, and other marginalized groups to share their specific grievances and be heard. However, while the internet can be a source of information, there is a lot of user generated content that requires fast-checking and oftentimes leads to misinformation.
