The legal and regulatory framework supporting the implementation of the Access to Information Act in Kenya

Abstract

This study sought to assess the current legislative framework for access to information in Kenya. Specifically, it sought to establish; firstly, whether supplementary laws have been formulated to support implementation of the Access to Information Act (ATI) 2016. Secondly, whether existing laws that hinder ATI have been amended. Data was obtained, firstly, through literature review that provided background information, and secondly, semi structured interviews were used to collect views from key informants. The study revealed that Kenya’s ATI legal and regulatory landscape is multifaceted. While on the one hand, several sectoral laws have been amended to facilitate implementation of the access law, there are still provisions in Kenyan statute books that impede access to information. Further, the study revealed that plans are underway to formulate an ATI policy and ATI regulations to operationalize the ATI Act 2016. The study concluded that effective implementation of the ATI Act 2016 hinged on the existence of a supportive legislative framework. As such, the study recommended fast tracking of the efforts towards creating a conducive ATI legislative environment.