The Freedom of Information Bill, 2012
MEMORANDUM OF OBJECTS AND REASONS
The Ministry of Information and Communications has formulated the Bill herein with a
view to enhancing access to information held by Government Ministries and other public
authorities. The Bill recognizes access to information as a right bestowed on the Kenyan
people, and seeks to promote proactive publication, dissemination and access to
information by the Kenyan public in the furtherance of this right. It also spells out the
mechanisms for ensuring public access to information, as well as the factors that may
hinder the right to this access. The Bill is borne of the realization that access to
information held by the Government and public institutions is crucial for the promotion
of democracy and good governance.
Part I of the Bill contains preliminary provisions.
Part II contains provisions on the establishment, powers and function of the Kenya
Freedom of Information Commission, which shall enjoy the status of a body corporate
with all the attributes pertaining thereto. Membership of the Commission is provided for
in clause 9. Clause 6 thereof lays down the functions of the Commission while the
objects and principles guiding the Commission in the discharge of its functions are set out
in clause 7. Clause 8 confers the Commission with independence from the Government
and other entities, and requires the Commission to carry out its mandate without any
political bias or interference. Clause 10 lays down the elaborate procedures for
appointment of commissioners while clause 18 provides for the appointment of Secretary
to the Commission.
Part III contains provisions on the right of access to information. Clause 26 accords
every person the right to access information in the domain of a public authority while
clause 27 contains provisions on information which is exempted from disclosure to the
public. Clause 28 obliges a public authority to publish in the public interest information
in its possession (proactive disclosure).
Part IV contains provisions on access to information. Clauses 29 and 30 details the
manner in which an application for information is to be made and the manner in which
such an application is to be processed. Clause 31 provides for the transfer of an
application for information from one public authority to another when it becomes
apparent that the information applied for is not in the domain of the public authority to
which the application is initially made but is in the possession of another authority.
Clause 33 provides for rejection of an application for information. Clause 34 provides
that no fee will be levied in respect of information applied for as a general rule, but a
public authority is allowed to levy some fee to cater for incidental cost of availing the
information applied for, for example, cost of making and supplying copies to an
applicant. Under clause 35, it is provided that a person can make an application to a
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