Press release
Kenya: Freedom of Information Bill must comply with international law
ARTICLE 19
31 Jan 2012
ARTICLE 19 is concerned that despite positive elements, Kenya’s Freedom of Information Bill – a tool vital to challenge corruption and improve governance – insufficiently complies with international standards on the right to freedom of expression.
‘The current draft is good but stops short of complying with international standards on the right to freedom of expression. The Kenyan government and the law’s stakeholders need to push just that little bit further to guarantee an independent and fully-funded information commission, and several other necessary elements,’ said Henry Maina, Director of ARTICLE 19 Kenya and Eastern Africa.
ARTICLE 19 has submitted its analysis of the Draft Freedom of Information Bill 2012 to the Constitutional Implementation Committee and calls for improved protection of the right to freedom of expression in this important legislation. The Bill represents several years of campaigning by civil society organisations in Kenya, including ARTICLE 19.
The Bill is a positive step in the process of ensuring that the right to freedom of information is adequately protected and promoted in Kenya. It positively enshrines a number of progressive freedom of information principles, including a broad definition of the right to information, the duty to disclose information stemming not from public ownership but from its public functions, the right to seek information from private bodies, a clear and simple procedure for accessing information that takes into account language barriers and imposes minimal costs, a comprehensive proactive disclosure regime, public accountability for information officers and the protection of whistleblowers.
However, the Bill still contains some areas of concern and ARTICLE 19 urges the drafters to consider and revise the text in line with our proposed recommendations.
In particular, everyone, not just citizens of Kenya, should be entitled to access information under the Bill. Public authorities should be obliged to designate a public information officer to specifically deal with requests for information and should adopt internal rules and procedures to ensure the implementation of the Bill. The independence of the Information Commission should be ensured through changes to the selection of its members and it should also be able to impose penalties on public authorities who fail to comply with annual reports. The Information Commission should be given adequate funding to carry out its mission and to provide education and information promoting the goals of the legislation.
ARTICLE 19 calls on the Government of Kenya to support the Bill and ensure it is enacted in line with the proposed revisions.
FOR MORE INFORMATION:
- Read the full analysis
- For media interviews please contact: Henry Maina, ARTICLE 19 Eastern Africa Director, henry@article19.org or call on +254 727 862 230.
