Promoting transparency: Courts and operationalization of the right of access to information in Kenya.

Abstract

The right of access to information (ATI) is fundamental to any country that is governed by the rule of law. Indeed, there is a link between transparency and good governance, on the one hand, and ATI, on the other hand. The Constitution of Kenya recognizes this key entitlement. But Parliament was yet to pass comprehensive domestic law that would regulate this fundamental right. Notwithstanding this 'gap', courts have engaged with applications seeking information. Efforts by judges to flesh out the constitutional provision have led to the development of jurisprudence in this area of law in Kenya. This article shows that, while courts have made significant steps to operationalize the right of ATI in the country, basic legal steps have to be taken for this right to enjoyed fully. To conclude, the article makes specific recommendations.