North Rift Stakeholders Raise Concern Over Public Awareness of Right to Information

As Kenya prepares to mark the International Day for Universal Access to Information on September 28, stakeholders in the North Rift are calling for greater public awareness of the constitutional right to access information, saying limited knowledge among citizens continues to undermine efforts to promote transparency and accountability in county governments.

The concern was raised in Eldoret during a forum that brought together the media  under  Uasingishu Journalists  Association, civil society representatives, the Commission on Administrative Justice (Office of the Ombudsman) and members of the public, including persons with disabilities.

The stakeholders said while county governments have increasingly embraced websites, notice boards and other platforms for publishing public information, disclosure alone may not guarantee meaningful access if citizens are unaware that they can formally demand information held by public institutions.

Citizens unaware of information rights

Tom Juma from Transparency International Kenya North Rift, said observations from the region point to a gap between information being published by county governments and citizens’ ability to access and use it.

“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 greater civic education on Article 35 of the Constitution and the Access to Information Act, 2016 would enable citizens to seek information necessary to scrutinise government programmes and expenditure.

“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,” he said.

According to Juma, access to information can strengthen transparency, accountability and citizen participation in county governance.

Kenya’s Constitution guarantees every citizen the right to access information held by the State, while Article 35 also provides for access to information held by another person where it is required for the exercise or protection of a right or fundamental freedom. The Constitution further requires the State to publish and publicise important information affecting the nation.

The Access to Information Act, 2016 was enacted to give effect to Article 35 and establishes a framework for both proactive disclosure by public entities and the provision of information following requests by citizens. The law also links access to information with transparency, accountability and public participation.

What the law requires

Under Section 9 of the Access to Information Act, a public officer is required to make a decision on an information request as soon as possible and, in any event, within 21 days of receiving the application. Requests concerning the life or liberty of a person are subject to a shorter 48-hour timeline.

Where an applicant does not receive a response within the statutory period, the request is deemed to have been rejected, after which the applicant may seek a review by the Commission on Administrative Justice.

The Commission has continued to intervene in cases involving public bodies, including county governments. In September 2025, for example, it ordered the County Government of Nakuru to release information relating to a borehole project, including the contract agreement and priced bill of quantities, while requiring proactive disclosure of project contract information.

Proactive disclosure

The legal framework has also evolved beyond simply responding to individual requests.

The Access to Information (General) Regulations, 2023 require public entities to proactively disclose specified information, including financial reports, procurement records, services offered, the identity and contact details of information access officers and procedures for requesting information. The regulations require such information to be disseminated through websites or other communication platforms within 30 working days of becoming available.

The regulations also require information to be provided in accessible formats, including official languages, relevant local languages and formats that can be accessed by persons with disabilities. They specifically provide for measures such as text alternatives, captions, Kenyan Sign Language interpretation and Braille where reasonably required.

It is against this backdrop that stakeholders at the Eldoret forum raised concerns about the usability of information published by county governments in the North Rift.

Franklin Lilako, Regional Coordinator at the Commission on Administrative Justice, North Rift Region, said public institutions need to strengthen their systems for managing and releasing information.

He called for better record-keeping, clear designation of information access officers and the presentation of information on budgets, procurement and development projects in forms that ordinary citizens can understand.

Lilako said county governments in Uasin Gishu, Elgeyo Marakwet, Nandi and Trans Nzoia have increasingly used websites and other public communication platforms, but argued that some of the information remains highly technical or is not sufficiently adapted for ordinary citizens.

Persons with disabilities face additional barriers

For persons with disabilities, the challenge can extend beyond simply knowing that information exists.

John Rono, representing persons with disabilities in Kapsaos Ward, said people with disabilities can be excluded when public information is not provided in accessible formats or when public participation forums are held in venues that do not adequately accommodate them.

He called for greater use of Braille, Kenya Sign Language interpretation, simplified information and communication in locally understood languages to ensure persons with disabilities can participate meaningfully in governance.

His concerns are consistent with the 2023 Access to Information Regulations, which expressly require public entities to provide information in accessible formats for persons with disabilities.

From information to accountability

The stakeholders said improving access to information should ultimately enable citizens to follow how public resources are allocated and how government programmes are implemented.

They cited areas such as development projects, bursary allocations, procurement, health services and public expenditure as issues where timely access to official records can help residents participate more effectively in public affairs.

The Access to Information Act provides that the right should generally be interpreted on the basis of a duty to disclose, although the law recognises specific exemptions, including circumstances involving national security, privacy, due process and certain commercial or legal interests.

Stakeholders at the Eldoret forum therefore called for more civic education at ward level, training of county officials and stronger collaboration between public institutions and civil society organisations.

They argued that for Article 35 to have practical meaning, citizens need not only information published by government but also the knowledge and tools required to find it, request it, understand it and use it to participate in governance.