Open Records Laws › Kenya

Kenya

Access to Information Act

Act No. 31 of 2016

RTI Rating: 113 (source)

Response Timeline

Initial Response
21 days
Extension
14 days
Residency Required
True

21 calendar days from receipt (Section 8(1)). Extension of up to 10 additional days with written notice if request requires search through large volume of information or consultations (Section 8(2)). Deemed refusal if no response within deadline.

Citizenship required. Article 35(1) of the Constitution grants the right to every citizen. Section 4(1) limits access to citizens and citizen-controlled private entities. Non-citizens cannot make ATI requests.

How to Submit a Request

Accepted Methods

  • {'method': 'Written Request', 'details': 'Written application in the prescribed form to the information officer of the public entity (Section 7).'}
  • {'method': 'In Person', 'details': 'At the offices of the public entity. Officers must assist persons who cannot read or write.'}
  • {'method': 'Mail', 'details': 'Postal mail to the information officer.'}
  • {'method': 'Email', 'details': 'Electronic submission accepted.'}

Fees

Exemptions

  • National Security
    Information relating to national security (Section 6(1)(a))
  • Privacy
    Information that would involve unreasonable invasion of personal privacy (Section 6(1)(b))
  • Legal Privilege
    Legally privileged information (Section 6(1)(c))
  • Commercial Interests
    Trade secrets or commercially confidential information (Section 6(1)(d))
  • Law Enforcement
    Information that could impede law enforcement or investigation (Section 6(1)(e))
  • Public Safety
    Information that would endanger life or safety (Section 6(1)(f))
  • Inter-Governmental Relations
    Information relating to inter-governmental relations (Section 6(1)(g))
  • Cabinet/Advisory
    Information given to a public entity in confidence (Section 6(1)(h))

Appeal Process

1

Step 1

Review by head of the public entity within 21 days (Section 10).

2

Step 2

Complaint to the Commission on Administrative Justice (Office of the Ombudsman) for investigation and recommendation (Section 11).

3

Step 3

Application to the High Court for judicial review (Section 12). Court may order disclosure and award costs.

Request Templates

Standard Request

Pursuant to the Access to Information Act No. 31 of 2016, I hereby request access to the following information: [DESCRIPTION]. Preferred format: [FORMAT]. Contact: [NAME, ADDRESS, EMAIL, PHONE, ID NUMBER].

Records Retention

Retention Law
Public Archives and Documentation Service Act, Chapter 19 (Laws of Kenya)
Authority
Kenya National Archives and Documentation Service (KNADS)

Act No. 32 of 1965 (Cap. 19, Laws of Kenya); assented 24 November 1965

View retention law →

Sources & References