LETTERS: Public bodies must proactively disclose information

In September 2016, Kenya enacted the Access to Information Act. Article 35 of the Constitution provides a framework for full realisation of the right of access to information. This was a bold and unequivocal statement aimed at enhancing good governance in the country, which also enabled Kenya to meet its obligations on access to information under the various international legal instruments.

The importance of access to information lies in its empowerment of the public to effectively participate in governance, and promotion of open and accountable government. An informed public is a prerequisite of democratic governance and sustainable development.

The implementation of the right of access to information bridges the gap between policy formulation and implementation, and building trust in government by curbing maladministration, corruption and unethical practices that thrive in secrecy.

This leads to enhanced delivery of public services, and transparent and accountable governance. The country is currently faced with various challenges with corruption being the greatest threat both at the national and county levels and the effective implementation of the right of access to information is key in building trust in government, righting injustices and improving the delivery of public services.

In fact, evidence from different jurisdictions around the world shows that access to information is one of the essential tools for addressing social vices such as maladministration and corruption.

Public bodies are, for example, are required to reserve 30 percentof their procurements for women and the youth. However, if the beneficiaries of the reservation are not aware of it or unable to benefit from it due to lack of information, the reservation becomes meaningless. Similarly, county governments are required to ensure that citizens effectively participate in their affairs, including policy and budget formulation. However, where there is a dearth of information or presentation of information in a technical or non-friendly format, the participation is not likely to be meaningful other than meeting the formalities.

One of the obligations by public institutions in the Act is on proactive disclosure of information. The focus on proactive disclosure is necessitated by the need for active transparency and the legal requirement under the Act whereby public institutions voluntarily and continually avail certain types of information without formal application or prompting by the public.

Indeed, this requirement became effective from 21st September 2017 and in June 2018, President Uhuru Kenyatta ordered all public institutions to publish full details of tenders awarded, effective July 1, 2018. However, it’s important to note that the Executive Order No. 2 of 2018 focused on one requirement of proactive disclosure, and thus complements the implementation of the Act.

In January this year, the Commission on Administrative Justice, a body mandated to oversee the implementation and enforcement of the Act, conducted a survey on the status of proactive disclosure of information by public bodies.

The survey identified the existing gaps in the implementation of proactive disclosure of information in the public sector. In particular, the results of the survey showed that the culture of secrecy is still prevalent in the public service, especially in relation to the disclosure on the decision-making processes and procedures, and the utilisation of resources. It is worth noting that at the time of the survey, only one public body, the Kenya Ports Authority, had disclosed information regarding the salaries of its senior management, which while not exhaustive, was a step in the right direction.

Further, of the three categories of public bodies examined, county governments were found to be the worst performers on proactive disclosure. Some county governments had not published information relating to budget, tenders and the County Integrated Development Plans in spite of the express provisions of the law.

The above notwithstanding, the survey highlighted some best practices on proactive disclosure. These included uploading audio versions of service charter in English and Kiswahili on the website of the Kenya Electricity Transmission Company; embedding of Google Translation Link on the website of Laikipia County Government to facilitate access to information in Kiswahili; disclosure and simplification of procurement information and budget by Makueni and Nandi county governments; and publication of budgets in citizen friendly versions by Nyamira, Nakuru, Laikipia, Baringo and Vihiga county governments.

Edward Cedric Opany, development communication specialist.