Access to public information in Kenya works best when the requester can name the record, identify its likely custodian and explain the public function to which it relates. A request for “all documents” about a controversy may be difficult to search and easy to dispute. A request for a dated contract, inspection register, decision minute or payment schedule creates a record that the public entity and, if necessary, the Commission on Administrative Justice can assess.
Start with the information, not the accusation
Write down the question the records should answer, then list the documents likely to contain the answer. Separate documents already known to exist from categories inferred from a process. For example, a procurement file may contain an advertisement, bid register, evaluation material, award notice and contract; it does not follow that every internal discussion was recorded.
Identify the national ministry, county department, commission, state corporation or other public entity that created or holds each item. A public body should not be chosen merely because it is politically responsible for the subject. If another entity is the likely custodian, ask for transfer under the statutory process and keep proof of the transfer response.
Article 35 of the Constitution establishes access-to-information rights. The Access to Information Act, 2016 and the Access to Information (General) Regulations, 2023 provide the operational request, response and review framework. Use the current forms and directions where applicable rather than relying on an informal social-media message.
Build a narrow record schedule
| Field | What to specify | Why it helps |
|---|---|---|
| record class | contract, register, report, correspondence or dataset | defines the search target |
| subject | project, decision, premises, person or transaction | separates similar files |
| date range | realistic beginning and end dates | limits volume and systems searched |
| office | directorate, county unit, board secretariat or records office | locates the custodian |
| format | searchable electronic copy, inspection or specified extract | makes delivery workable |
Number the requested items. If a dataset is sought, define fields and period without requiring the authority to conduct new analysis unless the law requires it. If inspection is sufficient, say so. A proportionate format request reduces arguments about cost and technical burden.
Use the correct applicant and delivery details
State the applicant’s name and reliable contact details and provide any additional basis required for the category of request. Where information is sought on behalf of a company, association, client or person unable to act, include authority that allows the entity to communicate safely with the requester.
Choose a delivery method that produces evidence of receipt. Save the sent request, attachments, portal acknowledgement, email headers or stamped copy. Record the date, reference number and the information access officer or office handling it. Do not send materially different versions to several addresses without a master copy.
Separate public information from personal data
A record may combine public expenditure or decision material with personal identifiers, commercial confidence, security information or another protected interest. Ask for severable non-exempt portions and accept justified redaction. The fact that one field is sensitive does not necessarily decide whether every page should be withheld.
If the request concerns the applicant’s own personal data, identify the data subject and verify identity through a secure channel. If it concerns another person, explain the lawful basis or consent rather than treating Article 35 as permission to obtain any private file. The Data Protection Act, 2019 may affect collection, disclosure, security and redaction.
Do not publish unredacted records automatically after receiving them. Review personal data, children’s information, health material, confidential sources, security content and court restrictions. Access and onward publication are different legal questions.
Respond constructively to clarification
An information officer may ask the applicant to clarify a broad description. Answer by tightening dates, subject, custodial office or format. If the request must remain broad because the authority alone knows the filing system, explain the process that generated the records and invite a search proposal.
Keep clarification correspondence in the deadline log. Do not accept an indefinite pause without identifying what information is needed to continue the search. If part of the request is clear, ask the entity to process that part while clarification continues.
Check proactive publication before requesting a duplicate
Section 5 of the Access to Information Act addresses proactive disclosure by public entities. Search the entity’s current website, open-data pages, gazette notices, procurement portal and published reports using the exact project or decision reference. Save the page and access date because online material can move.
If only a summary is published, request the underlying record and identify the summary’s title and link. If the published copy is inaccessible, incomplete or not machine-readable, explain the practical defect and the format needed. Do not demand that the entity reproduce a record already available in a usable official source without explaining the gap.
Handle fees and format disputes with evidence
Ask the entity to identify the legal basis and calculation for any charge, distinguishing search, copying, media and delivery. Narrowing a request or accepting electronic delivery may reduce cost. Preserve quotations and proof of payment, but do not pay an unexplained amount merely to keep correspondence moving.
If disability, language or technology affects access, request a reasonable delivery arrangement early. Specify whether the applicant needs inspection, an accessible electronic format or assistance to understand the process. Keep the request proportionate to the existing record and the entity’s lawful obligations.
Audit the response item by item
Mark every requested item as supplied, partly supplied, refused, transferred, stated not to exist or unanswered. Check that attachments open, page sequences are complete and redactions are visible. A link to a general website is useful only if it leads to the requested record.
For a refusal, identify the statutory ground, facts relied upon and review instructions. Section 6 of the Access to Information Act contains limitations that require careful, context-specific application. A label such as “confidential” does not by itself explain why the statutory test is met.
If the authority says a record does not exist, ask which systems, offices and date ranges were searched and whether it was transferred, archived or destroyed under a retention rule. Do not allege destruction without evidence. The review issue may be search adequacy rather than exemption.
Prepare a clean review file
Section 14 of the Act provides for review by the Commission on Administrative Justice, while section 23 addresses the Commission’s powers. Follow the current Regulations for the application, time calculation, attachments and service. The review file should allow a reader to compare the request and response without reconstruction.
- final numbered request and all annexures;
- proof and date of receipt;
- clarification and transfer correspondence;
- response, disclosed records and redaction pages;
- item-by-item outcome schedule;
- exemption or search challenge with concise reasons;
- evidence of urgency or public interest where relevant;
- remedy requested from the Commission.
Distinguish a complete refusal, partial disclosure, excessive fee, wrong format, delay and inadequate search. Each calls for a different corrective order. If a third party’s rights may be affected, identify how redaction, notice or confidential handling could permit a lawful outcome.
Protect other legal deadlines
An information request may support a procurement objection, employment case, licence appeal, constitutional petition or judicial review. It should not be assumed to suspend the separate proceeding. Record both timelines and take a protective procedural step if the main challenge deadline arrives before disclosure.
Where irreversible action is imminent, identify the minimum record needed and request accelerated handling with evidence of the date and harm. If court relief is considered, address exhaustion of the information-review mechanism and any separate remedy under the governing statute.
Ask for an implementable remedy
A useful outcome specifies which item must be searched for or disclosed, the permitted redactions, format, delivery method and compliance date. If the defect is inadequate reasons, ask for a reasoned decision. If the wrong entity received the request, seek proper transfer or identify the correct custodian.
Access litigation should not be used to decide the merits of the underlying contract, licence or disciplinary dispute. The record can inform that dispute, but disclosure and substantive liability remain separate issues.
Protect authenticity after disclosure
Keep the covering email or delivery note with the disclosed files. Preserve filenames, download dates, checksums where useful and the relationship between a record and any later correction. If a document appears incomplete or altered, ask the custodian to confirm the version and page count before drawing conclusions.
For litigation, plan how the public record will be introduced and who can establish its source. A disclosure response may help prove provenance, but it does not automatically prove every statement inside the document. Distinguish an official record, an officer’s opinion and third-party material kept in the file.
Related Kenyan public-law routes
The public-body decision guide explains how the requested record fits a challenge. Use the fair administrative action guide where withheld material prevented a meaningful response. A Commission outcome or other public decision may engage the administrative appeal guide or the judicial review guide.
Official Kenyan sources checked
- Constitution of Kenya, 2010: Articles 35 and 47 on access to information and fair administrative action.
- Access to Information Act, 2016: sections 4, 6, 8–11, 14 and 23 on access, limitations, requests, decisions and Commission review.
- Access to Information (General) Regulations, 2023: current procedural rules for requests and review applications.
- Data Protection Act, 2019: lawful and secure handling of personal data affected by a request.
- Fair Administrative Action Act, 2015: reasons, exhaustion and review where administrative action is involved.
Need a Kenyan public record or a review of an information refusal? Request a record schedule, deadline and exemption assessment. This page is general information, not legal advice; sensitive data, urgency and connected proceedings require case-specific review.
Frequently asked questions
How should a Kenyan access-to-information request describe the records?
Number the items and identify record type, subject, date range, likely custodial office and preferred format. Separate records known to exist from inferred categories. A focused schedule makes the search, response and any Commission review easier to assess.
Can an entity withhold an entire document because some information is protected?
Not automatically. The entity should apply the statutory limitation to the actual information and consider severing protected material while releasing the remainder. The requester can propose redaction, confidential handling or a narrower date and subject range.
What file is needed to review a refused or unanswered information request?
Keep the final request, delivery proof, clarification and transfer correspondence, response, disclosed pages, redactions and an item-by-item outcome schedule. Follow the current Access to Information Regulations for the Commission application and protect deadlines in any separate dispute.