Nairobi: The Government has reaffirmed its commitment to transparency, accountability and citizen empowerment through the implementation of the Access to Information Act (ATI), 2016. Speaking during the launch of the inaugural National Report on the Implementation of the Act, Principal Secretary (PS) for Justice, Human Rights and Constitutional Affairs, Judith Ramaita Pareno, lauded the initiative as a key milestone in advancing constitutional rights and democratic governance.
According to Kenya News Agency, the PS emphasized the government’s dedication to ensuring every Kenyan can access the information they are entitled to under the law. ‘Access to information empowers citizens, promotes accountability, and is a cornerstone of our constitutional democracy,’ said Pareno. The PS noted that citizen engagement is only possible when people are empowered with knowledge, and that is why the government remains committed to strengthening legal and institutional frameworks that support access to information.
She also urged stakeholders to support government efforts in building a digitally enabled, transparent, and citizen-responsive administration. ‘An informed citizen is an empowered citizen. Let us work together to ensure every Kenyan can access the information they need to fully participate in governance,’ rallied the PS.
The Report, launched by the Commission on Administrative Justice (CAJ), popularly known as the Office of the Ombudsman, presents findings from a comprehensive assessment of 139 public and private institutions across 21 counties and over 400 citizen interviews. It evaluates compliance with the ATI Act, outlines gaps, and proposes reforms to enhance transparency at all levels of governance.
CAJ Chairperson, Charles Ndung’u, insisted that access to information is not a privilege but a constitutional right enshrined in Article 35 of the Constitution. ‘This right is critical not just for citizens but for government institutions themselves,’ stressed Ndung’u, citing a legal case where delayed access to land records nearly jeopardized the government’s position in court.
He noted that Government Ministries often struggled to defend public interest due to delays in accessing archived documents, underscoring the urgent need to digitize government records to enhance accessibility and improve service delivery. The Chairperson announced that the Commission is instituting measures to hold non-compliant officers accountable. ‘We now have the authority to fine individual officers for every day they fail to release information upon request. This is not about punishing, but about creating a culture of responsibility and openness in government,’ voiced Ndung’u.
The report also highlighted notable progress, including the establishment of information desks in some counties, translation of documents into Kiswahili and Braille, and efforts to disseminate information through vernacular radio stations. However, the Commission also found that many counties and private entities still lag behind, citing outdated systems, resource limitations, and resistance from some public officials.
To address this, the government, in collaboration with development partners, is working to strengthen institutional capacity and roll out public awareness campaigns, especially in underserved and marginalized areas. The Country Manager for the International Development Law Organization (IDLO), Teresa Mugadza, commended the government’s openness and applauded the Commission for its self-assessment. ‘Kenya is one of the few countries taking deliberate steps to localize and operationalize access to information laws,’ she noted.
Mugadza acknowledged that IDLO has supported county governments, including Marsabit and Nandi in drafting ATI legislation and integrating complaints management systems. Executive Director of Uraia Trust, Mr. Oliver Waindi, called for a cultural shift in how information is treated by government agencies. ‘Access to information is the bridge between the people and the government. If we break that bridge, mistrust and misinformation will fill the void,’ he cautioned.
Waindi noted that many Kenyans were unaware of the role of the Ombudsman and urged the Commission to enhance its presence across all regions. ‘No matter how effective an institution is, it must be visible to be impactful,’ he maintained. According to the Report, nearly one-third of Kenyans remained unaware of their constitutional right to information.
The government now plans to scale-up sensitization initiatives, focusing on women, persons with disabilities, the elderly, and other marginalized populations. The Report sets a baseline for future assessments and will guide policy reforms aimed at entrenching openness in government processes. As the country moves forward, the government has pledged to remain steadfast in upholding the right to information as a fundamental pillar of Kenya’s democracy.