Freedom of Information Request (Kenya)

A Freedom of Information Request in Kenya puts a formal request before the recipient and sets out the grounds supporting it.

The Access to Information Act No. 31 of 2016 — commonly referred to as the ATI Act — was assented to by President Uhuru Kenyatta on 31 August 2016 and came into force on 21 September 2016. Section 4 of the ATI Act defines the entities subject to the right of access: all State organs, public entities, and private bodies that receive public funding or exercise a public function. The Commission on Administrative Justice (CAJ) — also known as the Office of the Ombudsman — is the designated oversight body for the ATI Act under Section 29, with authority to receive complaints, investigate non-compliance, and make binding orders requiring disclosure.

Section 8 of the Access to Information Act No. 31 of 2016 sets out the right of access to information. A citizen or any person resident in Kenya may apply in writing to the information officer of a public entity for access to a specified record. The information officer is the person designated by the entity under Section 5 of the ATI Act to receive and process requests. Section 8(3) requires the information officer to respond to the request within 21 days of receipt, either by granting access, refusing access with reasons, or notifying the applicant that the information is not held by the entity.

Grounds for refusal of access to information are exhaustively listed in Sections 6 and 7 of the ATI Act and include: information whose disclosure would endanger the security or defence of Kenya; Cabinet deliberations; information protected by legal professional privilege; personal information about a third party whose consent has not been obtained; and information whose disclosure would cause commercial or financial harm to a third party. The grounds for refusal must be construed narrowly. An entity that refuses a request must state which exemption applies and must apply a public interest override test — that is, disclosure is required even where an exemption technically applies if the public interest in disclosure outweighs the public interest in withholding.

The Review Tribunal mechanism under Section 21 of the ATI Act allows an applicant who is aggrieved by a refusal, deemed refusal, or inadequate response to apply to the Commission on Administrative Justice (CAJ) for review. The CAJ has authority to order disclosure, recommend prosecution of an information officer who wilfully refuses disclosure, and award redress to an aggrieved applicant. Further appeal from a CAJ decision lies to the High Court of Kenya under Section 22 of the ATI Act, and from the High Court to the Court of Appeal under the ordinary appellate jurisdiction.

The Data Protection Act No. 24 of 2019, administered by the Office of the Data Protection Commissioner (ODPC), intersects with the ATI Act where the information requested constitutes personal data of third parties. A public entity must balance the Article 35 right of access against the Article 31 right to privacy and the provisions of the Data Protection Act before disclosing personal data of individuals other than the applicant.

Kenya is a signatory to the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights (ICCPR), both of which recognise the right to freedom of information as an aspect of freedom of expression. The ATI Act implements these international obligations in domestic law and must be interpreted broadly in favour of disclosure.

A Freedom of Information Request in Kenya under the Access to Information Act No. 31 of 2016 is required whenever a person needs to access specific records, data, or documents held by a government body and cannot obtain them through informal channels.

A Freedom of Information Request is needed when a journalist, civil society organisation, or researcher requires government records — procurement contracts, tender documents, environmental impact assessment reports, or audit reports — to investigate matters of public interest. The Kenya Anti-Corruption Commission (KACC) has confirmed that procurement records held by government ministries and state corporations are accessible under the ATI Act.

A Freedom of Information Request is required when a citizen or company whose property has been compulsorily acquired by the National Land Commission (NLC) or a county government under the Land Acquisition Act Cap. 295 needs to access the valuation report, gazette notice, and compensation determination records held by the acquiring authority.

A Freedom of Information Request is needed when a licensed business operator requires a copy of an inspection report, compliance audit, or licensing decision made by a regulatory authority — the Communications Authority of Kenya (CA), the Energy and Petroleum Regulatory Authority (EPRA), the Capital Markets Authority (CMA), or the National Environment Management Authority (NEMA) — that affects the applicant's business.

A Freedom of Information Request is required when a patient or the family of a patient requires access to medical records, laboratory reports, or treatment histories held by a public health facility — a county referral hospital or national hospital — under the Health Act No. 21 of 2017 and the ATI Act.

A Freedom of Information Request is needed when a student, academic institution, or researcher requires access to statistical data, policy documents, or research records held by the Kenya National Bureau of Statistics (KNBS), the Kenya Institute for Public Policy Research and Analysis (KIPPRA), or a state university.

A Freedom of Information Request is needed when a litigation party requires pre-trial access to documents held by a government body that are material to civil proceedings before the High Court of Kenya or Environment and Land Court.

A Kenya Freedom of Information Request under Section 8 of the Access to Information Act No. 31 of 2016 must contain the following essential elements to be valid, effective, and to trigger the statutory 21-day response obligation.

Applicant Identity: The full name and address of the applicant, and a statement of citizenship or residency in Kenya. Section 8(1) of the ATI Act extends the right of access to citizens and residents. The applicant's National Identity Card (NIC) number, passport number, or Alien Certificate number should be provided. The applicant is not required to state a reason for the request — the ATI Act creates a right of access without requiring justification.

Designated Information Officer: The request must be addressed to the designated information officer of the specific public entity holding the requested records. Section 5 of the Access to Information Act No. 31 of 2016 requires every public entity to designate an information officer and to publish that officer's contact details. Where the information officer is not publicly identified, the request may be addressed to the Accounting Officer, Principal Secretary, or Chief Executive of the entity.

Description of Records Requested: A sufficiently specific description of the records or information requested — the type of document, the subject matter, the date range, the reference numbers if known, and the format in which access is sought (inspection, certified copy, electronic copy). Vague or overly broad requests may be rejected or may result in a reduced scope of disclosure.

Statutory Basis: An express reference to the right of access under Article 35 of the Constitution of Kenya 2010 and Section 8 of the Access to Information Act No. 31 of 2016. Citing the statutory basis signals that the applicant is making a formal ATI request, not an informal information query, and triggers the 21-day statutory response obligation.

Public Interest Statement: Where relevant, a brief statement explaining why the disclosure serves the public interest. Although not required by the ATI Act, a public interest statement assists the information officer in applying the public interest override under Section 6(5) of the ATI Act when deciding whether to disclose information that might otherwise fall within an exemption.

Format and Delivery of Response: The applicant should specify whether access is sought by inspection at the entity's offices, by receipt of a certified copy, or by electronic delivery. The request should also specify the language — English or Kiswahili — in which the response is required, as both are official languages of Kenya under Article 7 of the Constitution.

CAJ Complaint Reference: The request should note that if no response is received within 21 days, or if the response is a refusal without adequate reasons, the applicant will exercise the right of review before the Commission on Administrative Justice (CAJ) under Section 21 of the Access to Information Act No. 31 of 2016. This reminder reinforces the seriousness of the request.

Signature and Date: The request must be signed by the applicant and dated. A witnessed or commissioner-for-oaths certified copy strengthens the evidentiary record if the matter proceeds to the CAJ or the High Court. The forms-legal.com Kenya Freedom of Information Request template includes all required fields to confirm compliance with the Access to Information Act No. 31 of 2016 and Article 35 of the Constitution of Kenya 2010.