The Fallacy Of The Right To Access Information In Kenya During Elections: A Case Study Of The 2017 General Elections

Abstract

This study on the “Fallacy of the Right To Access Information During Elections in Kenya: Case Study of the 2017 Elections” was premised on the fact that access to information during elections has always been frustrated in the country with attendant grievous consequences. In the last elections held in 2017, disputes on elections hinged on management of information especially non-disclosure and denial of access to information leading to the 2017 presidential election being nullified for the first time in the history of the country. This study presents findings on how the right to access information during elections remains a challenge in the country. The study locates the right in the international, regional and legal framework and from the literature which justifies the necessity for participation in democratic activities including elections. The problem presented in the study is how the lacuna in the law and conduct by IEBC during the 2017 elections affected the enjoyment of the right to access information. Specifically, the study inquired whether the existing legal framework was adequate to enable access to information during the election, how the conduct of IEBC affected the right to access information, the challenges encountered by IEBC that impacted on access to information and suggests reforms to enhance access to information. In dealing with the problem, the study examined the background of the right to access information in the Kenyan context, reviewed relevant literature and the legal framework, collected data from primary and secondary sources on access to information at different stages of elections. It also sought to discuss the challenges that the Commission encountered which impacted on access on information and suggests reforms to increase access to information during elections. The findings of the study were that the legal framework in place is robust but requires some minor adjustments, and improved implementation to enhance access to information. The study also found that the conduct of the Commission frustrated access to information even though part of it was caused by factors beyond the Commission and several areas are suggested for reform to enhance access to information.