Public Still Unaware of Right to Access Information, Hurting Devolution in North Rift

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He said if citizens were made aware of Article 35 of the Constitution and the Access to Information Act, 2016, they would be able to demand accountability.

By Mahlon Lichuma

As Kenya joins the world in preparation for marking  the International Day for Universal Access to Information on September 28, stakeholders in the North Rift have raised concern that county governments’ efforts at proactive disclosure are failing because most citizens do not know they have a right to ask.

The issue was highlighted in Eldoret during a forum bringing together civil society, the Office of the Ombudsman and members of the public, including persons living with disability.

Tom Juma, an official from Transparency International Kenya, said an assessment in the North Rift shows a clear gap between what counties publish and what citizens actually access.

“That the county, the region may be North Rift region we are noting that there is a challenge in that proactive disclosures. The county governments have tried to proactively disclose information but our observation is that most members of the public are not aware of their right of access to information,” Juma said.

He said if citizens were made aware of Article 35 of the Constitution and the Access to Information Act, 2016, they would be able to demand accountability.

“Such that if members of the public would be made aware that they have a right of access to information they will be in a position to use that avenue in accessing information and remember the benefits of access to information will ensure transparency, accountability and also their participation in governance of their county,” he added.

Franklin Ilako, from the Office of the Ombudsman (Commission on Administrative Justice) Eldoret,** said his office is mandated to enforce the Access to Information Act and to receive complaints when public institutions fail to respond to requests within 21 days. He urged county departments to strengthen record-keeping, designate information access officers, and simplify information on budgets, procurement and development projects.

Ilako noted that many counties in Uasin Gishu, Elgeyo Marakwet, Nandi and Trans Nzoia now have websites and notice boards, but the information is often technical and not translated, making it inaccessible to ordinary wananchi.

James Rono, a person living with disability, said persons with disabilities are the most affected by information gaps, as most county notices are not in accessible formats and public barazas are held in venues that are not disability-friendly. He called for inclusive communication, including braille, Kenya Sign Language interpretation, and simplified summaries read out in local languages.
The speakers agreed that civic education at ward level, training of county staff, and partnership with civil society like Transparency International will be key to making the right to information real.

They said when citizens know and use their right, they can better track stalled projects, bursary allocations, and health supplies, and meaningfully participate in public participation forums as envisioned under devolution.

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