New Kenyan Law states that access to GovInfo a right

[Tracey P. Lauriault]

Via Open Government List

New laws will allow access to information held by State

http://www.businessdailyafrica.com/Opinion%20&%20Analysis/New%20laws%20will%20allow%20access%20to%20information%20held%20by%20State/-/539548/995380/-/view/printVersion/-/m64nfb/-/index.html

The provision states:

35. Access to information
(1) Every citizen has the right of access to?
       (a) information held by the State; and
       (b) information held by another person and required for the exercise or
protection of any right or fundamental freedom.

(2) Every person has the right to the correction or deletion of untrue
or misleading information that affects the person.

(3) The State shall publish and publicise any important information
affecting the nation.

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http://j.mp/98AtiE

New laws will allow access to information held by State
By Henry Maina

Posted Tuesday, August 24 2010 at 00:00

The operations of the Kenyan government in the past 47 years can be
summarised as secretive and opaque.

However, this will soon be a thing of the past.

However, the promulgation of the New Constitution on Friday will
immediately allow Kenyans to demand disclosure of any information held
by the State as provided for in Article 35.

It states that every citizen has the right of access to information held
by the State; and information held by another person and is required for
the exercise or protection of any right or fundamental freedom.

The idea that this provision of the New Constitution comes into effect
immediately makes in some way superfluous the pending Freedom of
Information Bill.

This is because the right to access information as formulated in the New
Constitution is a blanket right, it needs no legislation on how it is
applied and there is no qualification on the type of information that
can be accessed.

In fact, the promulgation of the New Constitution immediately renders
most sections of the Official Secrets Act redundant and the often quoted
secrecy oath nugatory.

This is because the Article 35 (3) states that the State shall publish
and publicise any important information affecting the nation.

That Article 35 found its place in the New Constitution after over 10
years of civil society organisations trying to advocate for the passage
of an access to information law is a big win for democracy, good
governance and rule of law.

To Wanjiku who has seen the quality of her life deteriorate because of
bad governance and lack of accountability, the access to information
provision could make a lot of difference.

Similarly, a legislator sitting in one of the parliamentary oversight
committees, say the Parliamentary Accounts Committee, could request for
comprehensive information on the expenses incurred by the State to
resettle Internally Displaced Persons in the last two years.

To investigative journalists, the provision on access to information
allows you to do your research and have an exclusive without having to
look at your shoulders for fear of criminal charges like publication of
false information or obtaining information illegally.

Thus Article 35 in the New Constitution is a win for all Kenyans
regardless of status, profession, race, class and even level of education.

It obliges all public bodies, which is any body, established by or under
the Constitution; established by statute; which forms part of any level
or branch of government; owned, controlled or substantially financed by
funds provided by government or the state; or carrying out a statutory
or public function.

The writer is the director of ARTICLE 19 Eastern Africa.

--
Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: [phone]


--
Tracey P. Lauriault
613-234-2805