“The right of access to information is one of the rights that underpin the values of good governance,
integrity, transparency and accountability and the other values set out in Article 10 of the
Constitution. It is based on the understanding that without access to information the achievement of
the higher values of democracy, rule of law, social justice set out in the preamble to the Constitution
and Article 10 cannot be achieved unless the citizen has access to information.”
54. I also wish to defer to the decision of Ngcobo, J in Steffans Conrad Brummer vs. Minister for
Social Development & Others Constitutional Court of South Africa Case No. CCT 25/09where
the learned Judge expressed himself as follows:
“...section 78(2) has a dual limitation; it limits not only the right to seek judicial redress, but in effect
also the right of access to information by imposing a very short period within which a person seeking
information must launch litigation. The importance of this right too, in a country which is founded on
values of accountability, responsiveness and openness, cannot be gainsaid. To give effect to these
founding values, the public must have access to information held by the State. Indeed one of the
basic values and principles governing public administration is transparency. And the Constitution
demands that transparency “must be fostered by providing the public with timely, accessible and
accurate information.”...Apart from this, access to information is fundamental to the realisation of
the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to
freedom of expression which includes freedom of the press and other media and freedom to receive
or impart information or ideas. As the present case illustrates, Mr Brummer, a journalist, requires
information in order to report accurately on the story that he is writing. The role of the media in a
democratic society cannot be gainsaid. Its role includes informing the public about how our
government is run, and this information may very well have a bearing on elections. The media
therefore has a significant influence in a democratic state. This carries with it the responsibility to
report accurately. The consequences of inaccurate reporting may be devastating. Access to
information is crucial to accurate reporting and thus to imparting accurate information to the
public.”
55. In Dr. Christopher Ndarathi Murungaru vs. The Standard Limited & Others Nairobi HCCC
(Civil Division) No. 513 of 2011 this Court pronounced itself as follows:
“Freedom of expression is one of the fundamental freedoms pertaining to the citizens as a human
being. Freedom of the press is a special freedom within the scope of freedom of expression. The
freedom of press is considered as the right to investigate and publish freely. It covers not only the
right of the press to impart information of general interest or concern but also the right of the public
to receive it. Freedom of expression and freedom to impart and disseminate opinions and ideas is a
right recognised internationally and is protected not only by all democratic states but by
International instruments as well. What constitutes freedom of expression, it is generally accepted,
entails the freedom to hold opinions and to seek, receive and impart information and ideas of all
kinds, either orally, in writing, in print, in the form of art, or through other chosen media, without
interference by public authority and regardless of frontiers. This recognition underpins the
important role played by the media in the development of a society. It is difficult to imagine a right
more important to a democratic society than freedom of expression. Indeed a democratic society
cannot exist without that freedom to express new ideas and put forward opinions about the
functioning of public institutions. The vital importance of the concept cannot be over-emphasised.
Democracy is based essentially on a free debate and open discussion for that is the only corrective of
government action in a democratic set up. If democracy means government of the people by the