By Robert Mutasi 
Stakeholders in the North Rift have raised concern over limited public awareness of the constitutional right to access information, warning that citizens may fail to hold county governments accountable when they do not know how to obtain public records.
The concern was raised in Eldoret ahead of the International Day for Universal Access to Information, observed Sept. 28, during a forum that brought together journalists under the Uasin Gishu Journalists Association, civil society representatives, the Commission on Administrative Justice and members of the public, including persons with disabilities.
Participants said county governments have increasingly used websites, notice boards and other platforms to publish information. However, they said proactive disclosure may have limited impact when citizens are unaware that they can formally request information held by public institutions.
Tom Juma, from Transparency International Kenya North Rift, said there remains a gap between information made available by county governments and the ability of residents to find and use it.
“The county governments have tried to proactively disclose information, but our observation is that most members of the public are not aware of their right of access to information,” Juma said.
He urged stakeholders to strengthen civic education on Article 35 of the Constitution and the Access to Information Act, 2016, saying greater awareness would give citizens another avenue to scrutinize government programmes, spending and public projects.
“If members of the public would be made aware that they have a right of access to information, they will be in a position to use that avenue in accessing information,” he said.
Article 35 of the Constitution gives every citizen the right to access information held by the state. It also provides for access to information held by another person where the information is required for the exercise or protection of a right or fundamental freedom.
The Access to Information Act, 2016, provides the framework for implementing that constitutional right and covers both proactive disclosure and requests for information.
Under the law, information requests are generally required to be processed within 21 days. Requests concerning the life or liberty of a person are subject to a 48-hour deadline.
The Commission on Administrative Justice, which oversees compliance with the access to information framework, can review complaints arising from refusals, delays or other failures by public institutions to provide information.
A recent case involving the County Government of Nakuru illustrates the role of the commission. In September 2025, the commission ordered the county to provide information relating to the Gatongu Borehole Equipping Project, including a contract agreement and priced bill of quantities. The decision followed a complaint after the information had not been provided.
Kenya’s access to information framework also requires public entities to proactively disclose specified records. The 2023 regulations include financial reports, procurement records, information on services, the identity and contact details of information access officers and procedures for requesting information.
The regulations further require information to be made available in formats that can be accessed by persons with disabilities. This includes provisions for text alternatives, captions, Kenyan Sign Language interpretation and Braille where reasonably required. Information should also be available in official languages and relevant local languages where applicable.
Participants at the Eldoret forum said accessibility remains an important part of the discussion because publishing information online does not automatically mean that all members of the public can use it.
For residents in rural and urban areas of the North Rift, barriers may include limited knowledge of the law, difficulty identifying the appropriate public officer, inadequate access to digital platforms and challenges understanding technical government documents.
Juma said increased public awareness would allow citizens to move beyond simply waiting for government institutions to publish information and use the legal mechanisms available to seek specific records.
The stakeholders also called for stronger cooperation between civil society organisations, the media, county governments and oversight institutions to educate the public on how to make information requests.
They said journalists have a particular role to play in explaining the access process to the public while using information obtained from public institutions to strengthen reporting on governance and public spending.
As Kenya approaches the Sept. 28 international observance, the Eldoret forum placed public awareness at the centre of efforts to make the right to information more effective.
Stakeholders said meaningful access requires both public institutions that disclose information and citizens who understand their legal rights and know how to exercise them.