The Access to Information (General) Regulations

These Regulations may be cited as the Access to Information (General) Regulations, 2023.

AI-assisted research synopsis — verify against the official legal text below.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 161 of 2023
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Access to Information (General) Regulations, 2023. This section provides interpretation by defining terms used in these Regulations. Guiding principles: disclosure of information required or requested. Sets out the procedure for proactive disclosure (routine and systematic dissemination of information, without requiring a request) of information by public entities and private bodies. The Chief Executive Officer of a private body or the person assigned principal administrative responsibility shall be the Information Access Officer for the Act and these Regulations.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of The Access to Information (General) Regulations

Showing 33 of 33

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the Access to Information (General) Regulations, 2023.

Section 1. Citation Section These Regulations may be cited as the Access to Information (General) Regulations, 2023.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: This section provides interpretation by defining terms used in these Regulations.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Act" means the Access to Information Act ( Cap. 7M ); "applicant" means a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations; "child" has the meaning assigned to it under the Children Act ("the Access to Information Act ();") ( Cap. 141 ); "disseminate" means to make known or communicate information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including making the information available for inspection at the offices of any public entity or private body ; "incapacitated person" includes any person who is impaired by reason of mental illness or physical illness or disability, chronic use of drugs or chronic intoxication to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions; "information holder" means a public entity or a private body that is the custodian of information required for disclosure or requested to be disclosed under the Act ("the Access to Information Act ();") and these Regulations; "machine readable" means a structured arrangement of information that can be processed by a computer; "private body" has the meaning assigned to it under the Act ("the Access to Information Act ();") and includes the private bodies specified under the Second Schedule of these Regulations; "proactive disclosure" means routine and systematic dissemination of information, without the requirement of a request for that information; "procurement records" means the records kept pursuant to section 68 of the Public Procurement and Asset Disposal Act ("the Access to Information Act ();") , ( Cap. 412C ); "reactive disclosure" means making information available in response to a request for that information by a requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") ; "requester" means a person who has requested access to information from a public entity or private body under the Act ("the Access to Information Act ();") and these Regulations; "Secretary of children services" means the Secretary of children services appointed under section 37 of the Children Act ("the Access to Information Act ();") ( Cap. 141 ).
3
PRELIMINARY - 3. Guiding principles

AI-assisted research summary: Guiding principles: disclosure of information required or requested.

Section 3. Guiding principles Section disclosure of information required for disclosure or requested;
4
PRELIMINARY - 4. Objects of the Regulations

AI-assisted research summary: Sets out the procedure for proactive disclosure (routine and systematic dissemination of information, without requiring a request) of information by public entities and private bodies.

Section 4. Objects of the Regulations Section the procedure for proactive disclosure ("routine and systematic dissemination of information, without the requirement of a request for that information;") of information by public entities and private bodies;

Part II

INFORMATION ACCESS OFFICERS

5
INFORMATION ACCESS OFFICERS - 5. Information Access Officer of Private bodies

AI-assisted research summary: The Chief Executive Officer of a private body or the person assigned principal administrative responsibility shall be the Information Access Officer for the Act and these Regulations.

Section 5. Information Access Officer of Private bodies Section The Chief Executive Officer of a private body or the person assigned the principal administrative responsibility by whatever title shall be the Information Access Officer for the purposes of the Act ("the Access to Information Act ();") and these Regulations.
6
INFORMATION ACCESS OFFICERS - 6. Publicizing details of Information Access Officer

AI-assisted research summary: Every public entity or private body must, within thirty days of these Regulations coming into force, publish the name, designation and contact information of its Information Access Officer designated under section 7 of the Act.

Section 6. Publicizing details of Information Access Officer Section Within thirty days upon coming into force of these Regulations, every public entity or private body shall publish on its website or otherwise make publicly available the name, designation and contact information of the Information Access Officer designated pursuant to section 7 of the Act ("the Access to Information Act ();") .
7
INFORMATION ACCESS OFFICERS - 7. Delegation by information Access Officer

AI-assisted research summary: The Information Access Officer may delegate duties to officers in departments, regional offices or units (subject to section 7(2)); overall responsibility remains with the Chief Executive Officer or the person assigned principal administrative responsibility.

Section 7. Delegation by information Access Officer Section 7(1) Where a public entity or private body has departments, regional offices or semi-autonomous units, the Information Access Officer may, subject to section 7(2) of the Act ("the Access to Information Act ();") , delegate the performance of the duties to an officer in those departments, offices or units. Section 7(2) A delegation under paragraph (1) shall be made in writing to a suitable officer with the requisite authority to provide access to information in accordance with the Act ("the Access to Information Act ();") and these Regulations. Section 7(3) Despite any delegation, the overall responsibility for implementation of the Act ("the Access to Information Act ();") and these Regulations shall vest in the Chief Executive Officer or the person assigned the principal administrative responsibility by whatever title.
8
INFORMATION ACCESS OFFICERS - 8. Duties of information Access Officer

AI-assisted research summary: The Information Access Officer must carry out the duties listed in Section 8(1)(a)–(k) and may, under Section 8(2), seek legal or expert opinion where necessary and subject to specified timelines.

Section 8. Duties of information Access Officer Section 8(1)(a) ensuring information is proactively disclosed; Section 8(1)(b) reducing oral requests into writing; or Section 8(1)(b)(i) reducing oral requests into writing; or Section 8(1)(b)(ii) reviewing all requests to identify the information requested and seeking clarification from the requester, where necessary; Section 8(1)(c) is already publicly available; Section 8(1)(c)(i) is already publicly available; Section 8(1)(c)(ii) requires to be transferred to another information holder as provided under regulation 18; Section 8(1)(c)(iii) requires to be deferred as provided under regulation 19; or Section 8(1)(c)(iv) is to be granted or denied, and communication made to the requester of the determination; Section 8(1)(d) reviewing the information requested to identify if it is subject to any of the limitations set out in section 6 of the Act, and redacting or withholding information that may be limited in accordance with that section; Section 8(1)(e) informing an aggrieved requester of their right of review of the decision by the Commission and the timelines within which a request for review may be submitted; Section 8(1)(f) establishing and maintaining an access to information register, to record all requests for information received by the respective public entity or private body; Section 8(1)(g) ensuring that all requests for information received by the public entity or private body, and actions taken in relation to each request are recorded in the web-based information management portal provided under regulation 28; Section 8(1)(h) ensuring that any personal information held by the public entity or private body is accurate and up to date, and requests made are in compliance with the Data Protection Act ( Cap. 411C ); Section 8(1)(i) formulating and implementing the organization’s policies and procedures on access to information and sensitize the officers and employees in the implementation thereof; Section 8(1)(j) submitting annual reports to the Commission as required by section 27 of the Act and regulation 31; and Section 8(1)(k) perform any other duty as may be necessary to implement the provisions of the Act. Section 8(2) An Information Access Officer may, where necessary and subject to specified timelines, seek legal or expert opinion on whether access to information ought to be granted in accordance with the Act and these Regulations.

Part III

PROACTIVE DISCLOSURE

10
PROACTIVE DISCLOSURE - 10. Obligations of public entities onproactive disclosure

AI-assisted research summary: An Information Access Officer of a public entity must publish information required under section 5(1) on the entity’s website or other communication platform within thirty working days of it being available, subject to section 6.

Section 10. Obligations of public entities onproactive disclosure Section 10(1) Subject to section 6 of the Act ("the Access to Information Act ();") , an Information Access Officer of a public entity shall ensure that information required under section 5 (1) of the Act ("the Access to Information Act ();") is disseminated on the entity’s website or any other communication platform of the public entity, within thirty working days of such information being available. Section 10(2) The information disseminated under paragraph (1) shall be updated as may be necessary. Section 10(3)(a) the name, designation and official contact information of the information access officer; Section 10(3)(b) information on the procedure for requesting for access to information, including any costs or charges for processing requests; Section 10(3)(c) a description of services offered by a public entity, including any forms required to be filled and timelines for submission of the forms; Section 10(3)(d) the physical location of the office; Section 10(3)(e) the public entity’s policy and the relevant legislations; Section 10(3)(f) financial and other reports required under the Public Finance Management Act ("the Access to Information Act ();") ( Cap. 412A ); Section 10(3)(g) procurement records ("the records kept pursuant to section 68 of the Public Procurement and Asset Disposal Act, ();") including pre-qualified suppliers and awarded tenders in the manner specified under the Public Procurement and Asset Disposal Act ("the Access to Information Act ();") ( Cap. 412C ) and in compliance with the provisions of the Data Protection Act ("the Access to Information Act ();") ; Section 10(3)(h) information regarding Public Private Partnerships as required by section 60 of the Public Private Partnerships Act ("the Access to Information Act ();") ( Cap. 430 ); and Section 10(3)(i) any other report or information required to be made public in accordance with the relevant law.
11
PROACTIVE DISCLOSURE - 11. Obligations of private bodies onproactive disclosure

AI-assisted research summary: Private bodies must proactively publish information they hold that is needed to exercise or protect constitutional rights, and the Information Access Officer must publish required information within thirty days of it becoming available.

Section 11. Obligations of private bodies onproactive disclosure Section 11(1) A private body shall disseminate ("to make known or communicate information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including making the information available for inspection at the offices of any public entity or private body;") on its website or any other communication media information that it holds provided that, that information is required for the exercise or protection of any right or fundamental freedom under the Constitution. Section 11(2)(a) particulars of the private body , and the public functions that the private body engages in or public services that it provides; Section 11(2)(b) information on the physical location of the private body ; Section 11(2)(c) the powers and duties of the private body ’s officers and employees; Section 11(2)(d) standard operating procedures, rules, regulations, instructions, manuals and records of the private body ; Section 11(2)(e) details of the contracted service, including any sketches, scope of service and terms of reference; Section 11(2)(e)(i) details of the contracted service, including any sketches, scope of service and terms of reference; Section 11(2)(e)(ii) the contract sum; Section 11(2)(e)(iii) the name of the contracting public entity, and contact information of the person responsible for the contract on behalf of the public entity; and Section 11(2)(e)(iv) the timeline of the contract, Section 11(2)(f) details of the contracted service, agreement or project, including any sketches, scope of service and terms of reference; Section 11(2)(f)(i) details of the contracted service, agreement or project, including any sketches, scope of service and terms of reference; Section 11(2)(f)(ii) the contract sum; Section 11(2)(f)(iii) the timeline of the contract; and Section 11(2)(f)(iv) all reports required under relevant environmental laws. Section 11(2)(g) particulars of any licence, permit and other formal authorisation which has been granted to the private body ; Section 11(2)(h) all other information relating to the protection of human rights, environment or public health and safety or to exposure of corruption or illegal actions; Section 11(2)(i) any other information that may assist in exercising or protecting any right; Section 11(2)(j) any report or other information required to be made public in accordance with any statute or regulation, including but not limited to annual financial statements and any other statement or report required to be published or otherwise made available pursuant to the Companies Act ("the Access to Information Act ();") ( Cap. 486 ); Section 11(2)(k) an information access guide to facilitate identification of the classes, location and subjects of information held by the private body and relating to the information required to be disclosed in accordance with this regulation; Section 11(2)(l) information on the procedure for requesting for access to information, including any charges that may be incurred for translation and supplying copies of materials; and Section 11(2)(m) information on the procedure for requesting for access to information, including any costs or charges for processing requests. Section 11(3) The Information Access Officer of a private body shall ensure that information required to be proactively disclosed under this Part is published on the private body ’s website or other communication media within thirty days of such information being available.
9
PROACTIVE DISCLOSURE - 9. Scope ofproactive disclosure

AI-assisted research summary: Scope of proactive disclosure: Section in a machine-readable format;

Section 9. Scope ofproactive disclosure Section in a machine-readable format;

Part IV

REACTIVE DISCLOSURE

12
REACTIVE DISCLOSURE - 12. Scope ofreactive disclosure

AI-assisted research summary: Section 12 lists the acceptable formats and accessibility alternatives for reactive disclosure, including machine‑readable formats, plain language explanations, official languages, local languages/dialects, text alternatives for non-text content (captions, Kenyan Sign Language overlay, magnification, braille or other accessible formats, and transcribed audio), and requires records to be translated into English and Kiswahili at no cost to the requester.

Section 12. Scope ofreactive disclosure Section 12(1)(a) a machine-readable format; Section 12(1)(b) a simple language that is understandable to a lay person, including by providing a descriptive explanation of technical information; Section 12(1)(c) any of the official language specified under Article 7 of the Constitution; Section 12(1)(d) any of the common local languages or dialects as may be relevant in the respective local context; or Section 12(1)(e) providing text alternatives for non-text content; Section 12(1)(e)(i) providing text alternatives for non-text content; Section 12(1)(e)(ii) providing captions and other alternatives for multimedia content, including adding Kenyan Sign Language interpretation as an overlay to video; Section 12(1)(e)(iii) presenting content in ways that are or may be rendered easier to see or hear, including by magnification; Section 12(1)(e)(iv) in braille or such other format that is accessible to persons with visual disability, as may be reasonably required by the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") ; and Section 12(1)(e)(v) audio records which shall be transcribed for persons with hearing disability, as may be reasonably required by th e requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") . Section 12(2) Records shall be translated in both English and Kiswahili, as the case may be, at no cost to a requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") .
13
REACTIVE DISCLOSURE - 13. Requests for information

AI-assisted research summary: A requester who wishes to access information must make a request in writing or orally to the Information Access Officer.

Section 13. Requests for information Section 13(1) 1) A requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") who wishes to access information held by a public entity or private body shall make a request in writing or orally to the Information Access Officer as specified under section 8 of the Act ("the Access to Information Act ();") . Section 13(2) A request for access to information may be made in Form ATI 1 set out in the First Schedule or in any other manner, including through physical address of the office, postal address, website, official email address or an information holder ("a public entity or a private body that is the custodian of information required for disclosure or requested to be disclosed under the Act and these Regulations;") ’s official social media account. Section 13(3) Where a request does not contain the information required by Form ATI 1, the Information Access Officer shall, as far as practicable, assist the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") to provide further details to facilitate access to information .
14
REACTIVE DISCLOSURE - 14. Requests on behalf of another person

AI-assisted research summary: Requests for information can be made on behalf of another person if the person to whom the information relates provides written consent; a person may request and be granted access to personal information about an incapacitated person upon production of verification of representative authority.

Section 14. Requests on behalf of another person Section 14(1) A request may be made on behalf of another person in Form ATI 1 set out in the Schedule, provided that the person to whom the information relates provides written consent to such information being disclosed in Form ATI 3 set out in the Schedule. Section 14(2)(a) that the information is of such a nature as would not ordinarily be made available to a person having parental responsibility for that child ; or Section 14(2)(b) after consultation with the Secretary of Children’s Services appointed under section 37 of the Children Act ("the Access to Information Act ();") , ( Cap. 141 ) that the granting of access to such information may not be in the best interests of the child . Section 14(3) Despite paragraph (1), a person may request and be granted access to personal information relating to an incapacitated person up on production of verification documents of the representative’s authority in relation to the incapacitated person ("any person who is impaired by reason of mental illness or physical illness or disability, chronic use of drugs or chronic intoxication to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions;") . Section 14(4) The provision of this section shall be dealt with in accordance with the Data Protection Act ("the Access to Information Act ();") ( Cap. 411C ).
15
REACTIVE DISCLOSURE - 15. Processing of request

AI-assisted research summary: An acknowledgement of a request for information must be made in Form ATI 2 and the date and time the request is received must be indicated in the public entity’s or private body’s register or record.

Section 15. Processing of request Section ensure that an acknowledgement of a request for information is made in Form ATI 2 set out in the First Schedule and the date and time the request is received is indicated in the public entity’s or private body ’s register or record;
16
REACTIVE DISCLOSURE - 16. Provision of access

AI-assisted research summary: Requires Information Access Officers to provide and authenticate access to life-or-liberty information and to ensure requesters can inspect records; requires information holders to provide converted records within sixty days unless impracticable.

Section 16. Provision of access Section 16(1) Despite section 11(2) of the Act ("the Access to Information Act ();") , an Information Access Officer shall provide access to information concerning the life or liberty of a person in accordance with section 9(2) of the Act ("the Access to Information Act ();") . Section 16(2) Where a request for information is to be made available in another form in accordance with section 11 (3) of the Act ("the Access to Information Act ();") , the information holder ("a public entity or a private body that is the custodian of information required for disclosure or requested to be disclosed under the Act and these Regulations;") shall provide the converted record within sixty days of receiving payment, or notice of preferred format in the case of a request on behalf of a person with disability, unless the formal or volume of the information requested reasonably renders compliance with the timeline impracticable. Section 16(3) The Information Access Officer shall authenticate copies of a record provided under section 11(3) of the Act ("the Access to Information Act ();") including by means of an official stamp of a public entity or a declaration the converted copy of requested information is a true and accurate replica. Section 16(4) The Information Access Officer shall ensure that the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") has sufficient time, space and privacy to inspect the requested record, including by allowing the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") to inspect the record on more than one occasion if reasonably required to facilitate full realization of the right to access the information.
17
REACTIVE DISCLOSURE - 17. Information that cannot be found

AI-assisted research summary: If a requested record is known to exist or have existed but cannot be found within disclosure timelines, the Information Access Officer must keep searching and tell the requester and the Commission; if the record is later found, the Officer must disclose it to the requester and notify the Commission within seven days of finding it.

Section 17. Information that cannot be found Section 17(1) Where a requested record is known to exist or to have existed but cannot be found with in the timelines for disclosure under the Act ("the Access to Information Act ();") , the search for that record shall continue and the Information Access Officer shall communicate to the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") and the Commission the fact that such record exists or existed but cannot be found within the specified timelines. Section 17(2) Despite paragraph (1), where the record is subsequently found, the Information Access Officer shall disclose the information to the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") within seven days from the date the information is found and notify the Commission of such action.
18
REACTIVE DISCLOSURE - 18. Transfer of a request

AI-assisted research summary: Rules for transferring information requests: the Information Access Officer must confirm the target holds the requested information, must notify the requester in Form ATI 2 when transferring, must acknowledge receipt in Form ATI 2 and act on the request, and the entity receiving a transferred request must provide information within forty-eight hours.

Section 18. Transfer of a request Section 18(1) Prior to the transfer of a request for information as provided under section 10 (1) of the Act ("the Access to Information Act ();") , the Information Access Officer shall confirm with the concerned public entity or private body that they do hold the information requested. Section 18(2) Where a request for information is transferred, the Information Access Officer shall notify the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") in Form ATI 2 set out in the First Schedule. Section 18(3)(a) acknowledge the receipt of transfer of the request in Form ATI 2 set out in the First Schedule; and Section 18(3)(b) act on the request in accordance with the provisions of this Part. Section 18(4) For greater clarity, the timeline of twenty-one days for making a decision on the request shall not be extended between receipt of the request by the first public entity or private body , and transfer of the request to another public entity or private body . Section 18(5) Where the transfer relates to a request for information under section 9(2) of the Act ("the Access to Information Act ();") , such information shall be provided by the public entity or private body to which the request has been transferred within forty-eight hours of receiving the transfer.
19
REACTIVE DISCLOSURE - 19. Deferral of a request

AI-assisted research summary: If a record has been deferred under paragraph (1), access to that record must be granted within five days from the date the exemption ceases to apply.

Section 19. Deferral of a request Section 19(1)(a) in the process of being actively developed; Section 19(1)(b) in draft form and under active consideration; or Section 19(1)(c) final but subject to official approval or publication, and may accordingly be excluded from disclosure pursuant to section 6(1)(g) of the Act ("the Access to Information Act ();") , Section 19(2) Access to a record that has been deferred under paragraph (1) shall be granted within five days from the date the exemption ceases to apply.
20
REACTIVE DISCLOSURE - 20. Withdrawal of a request

AI-assisted research summary: The Information Access Officer must acknowledge a withdrawal using Form ATI 5 set out in the First Schedule.

Section 20. Withdrawal of a request Section 20(1)(a) access to the records has been provided; or Section 20(1)(b) payment has been made for access in another format. Section 20(2) The Information Access Officer shall acknowledge the withdrawal in Form ATI 5 set out in the First Schedule.
21
REACTIVE DISCLOSURE - 21. Closure of a request

AI-assisted research summary: Lists the specific circumstances when an information access request is closed (withdrawn, transferred, lapse of thirty days in various situations, or after access is provided) and prescribes use of Form ATI 5 for recording closure.

Section 21. Closure of a request Section 21(1)(a) the request is withdrawn by the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") ; Section 21(1)(b) the request has been transferred to another public entity or private body ; Section 21(1)(c) thirty days have lapsed since the Information Access Officer requested further particulars or consent in order to process the request, and no further information or consent has been provided; Section 21(1)(d) thirty days have lapsed since notice was given in accordance with section 9(4) of the Act ("the Access to Information Act ();") , and no request for review has been filed with the Commission; Section 21(1)(e) thirty days have lapsed since notice was given in accordance with section 11(1) of the Act ("the Access to Information Act ();") , and there is no compliance with the notice or request for review filed with the Commission; or Section 21(1)(f) thirty days have lapsed since access was provided in accordance with the Act ("the Access to Information Act ();") and these Regulations, and no request for review has been filed with the Commission. Section 21(2)(a) Form ATI 5 set out in the First Schedule, where the request is withdrawn by the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") ; Section 21(2)(b) Form ATI 5 set out in the First Schedule, where the request has been transferred to the relevant public entity or private body ; or Section 21(2)(c) Form ATI 5 set out in the First Schedule in all other instances not specified under paragraph 2 (a) and (b).
22
REACTIVE DISCLOSURE - 22. Access to Information Register

AI-assisted research summary: Every Information Access Officer must establish and maintain an Access to Information Register to record requests and actions taken to process those requests.

Section 22. Access to Information Register Section 22(1) Every Information Access Officer shall establish and maintain an Access to Information Register to record any request and the action taken to process the request for information, received by the concerned public entity or private body . Section 22(2)(a) a reference number; Section 22(2)(b) the name and contact details of the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") ; Section 22(2)(c) the date of receipt of the request; Section 22(2)(d) details of the request including a description of the information requested and the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") ’s preferred method of access; Section 22(2)(e) whether the request is for information concerning the life or liberty of a person; Section 22(2)(f) the written consent of any person or third party, where necessary; Section 22(2)(g) a summary of actions taken in response to the request; Section 22(2)(h) a summary of the information disclosed, including whether the disclosure was in full or redacted and if redacted is sufficient to identify that information in the original record, where applicable; Section 22(2)(i) where applicable, the reasons and basis for declining a request; Section 22(2)(j) where a request is withdrawn, the date of withdrawal; Section 22(2)(k) the outcome of a review where a request for review was made by the Commission; and Section 22(2)(l) the date of closure of the request. Section 22(3) The Access to Information Register may be established in print or electronic form.

Part V

MANAGEMENT OF RECORDS

23
MANAGEMENT OF RECORDS - 23. Public records management

AI-assisted research summary: Public entities must create, maintain and manage accurate, authentic and usable records and comply with ICT standards; certain records must be kept at least ten years and a records schedule must be prepared in consultation with the Kenya National Archives.

Section 23. Public records management Section 23(1) A public entity shall create, maintain and manage accurate and authentic records that are usable in a manner that facilitates access to information. Section 23(2)(a) their origin can be traced; Section 23(2)(b) it can be confirmed that the information they contain is accurate; Section 23(2)(c) their content, structure and format are preserved materially unchanged over time; and Section 23(2)(d) they can be located, retrieved, presented and interpreted. Section 23(3) An Information Access Officer shall, in order to facilitate access to information, ensure that the public entity is compliant with the current Government ICT Standards on Electronic Records and Data Management issued by the Ministry in charge of Information Communication and Technology, or other public entity with such authority. Section 23(4) Subject to section 17(3)(a) of the Act ("the Access to Information Act ();") , and subject to the Government ICT Standards on Electronic Records and Data Management relating to establishment, retention and disposal of public records, a public entity shall maintain the records required to be proactively disclosed for a minimum period of ten years. Section 23(5) Subject to the Government ICT Standards on Electronic Records and Data Management, a public entity shall, in consultation with the Director of the Kenya National Archives and Documentation Service, prepare a records schedule that sets out, for each class of public records that they create or receive, the length of time the records will be retained and the manner of disposal of the records at the end of their retention period. Section 23(6)(a) shall be retained only as long as necessary to fulfil the purposes for which it is collected or received; or Section 23(6)(b) that is no longer required to fulfil these purposes shall be destroyed, erased or made anonymous or pseudonymized.

Part VI

REVIEW BY THE COMMISSION

24
REVIEW BY THE COMMISSION - 24. Application for Review by the Commission

AI-assisted research summary: A person aggrieved may apply to the Commission for review of a decision by a public entity or private body.

Section 24. Application for Review by the Commission Section 24(1) A person aggrieved by a decision of a public entity or a private body on any matter under the Act ("the Access to Information Act ();") or these Regulations, may apply for review of the decision to the Commission. Section 24(2) An application for review may bein Form ATI 6 set out in the First Schedule, or in any other form, provided that the application shall contain the information specified in Form ATI 6. Section 24(3) Where an application does not contain the information required by Form ATI 6, the Commission shall, as far as practicable, assist the applicant ("a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations;") to provide further details to facilitate the review. Section 24(4) An application for review shall include, a postal address, an email address or a telephone number to which the communication from the Commission may be sent. Section 24(5) An application for review may be submitted electronically including through the Commission’s website, email address of the Commission’s official social media account, or in print copy by delivery to the Commission’s offices. Section 24(6) The Commission may, if satisfied with the reasons furnished by the applicant ("a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations;") that the circumstances so warrant, accept an application for review after the expiry of the thirty days’ specified under section 14 (2) of the Act ("the Access to Information Act ();") .
25
REVIEW BY THE COMMISSION - 25. Review procedure for access to information requests

AI-assisted research summary: Sets the Commission's review procedure for access-to-information applications: notify relevant entities within five days, obtain records and responses, assess merits within specified timeframes, and exercise powers including hearings, ordering remedies and publicizing decisions.

Section 25. Review procedure for access to information requests Section 25(1) Upon receiving an application for review, the Commission shall within five days of receipt of the application for review, notify the respective public entity or private body of the application. Section 25(2)(a) detail the nature of the application for review in accordance with section 14 of the Act ("the Access to Information Act ();") ; Section 25(2)(b) require that the public entity or private body to provide a copy of entries in the Access to Information Register relating to that request; and Section 25(2)(c) require the public entity or private body to provide any further information that is relevant to the information holder ("a public entity or a private body that is the custodian of information required for disclosure or requested to be disclosed under the Act and these Regulations;") ’s decision on the request. Section 25(3) The public entity or private body shall provide to the Commission the content of the of the notice under paragraph(2) within seven days from the date of the notice. Section 25(4) Upon receipt of the response from the public entity or private body , the Commission shall within fourteen days undertake a preliminary assessment of the merits of the application for review based on the details provided under the application and the response from the public entity or private body . Section 25(5) Where the public entity or private body fails to respond within the period specified under paragraph (2), the Commission shall undertake a preliminary assessment of the merits of the application for review and may take action as provided under paragraph (11). Section 25(6) Where the Commission is of the opinion that further information, clarification or submission is required from the applicant ("a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations;") , the information holder ("a public entity or a private body that is the custodian of information required for disclosure or requested to be disclosed under the Act and these Regulations;") or any third party including another public entity or private body or any person to whom the information relates, the Commission may require such person, entity or body to make submissions or provide clarification on any aspect of the request actions taken in response, within such reasonable time as may be determined by the Commission in the circumstances. Section 25(7) Despite paragraph (6), the Commission may require any public entity or private body to provide to the Commission unredacted or unedited copy of the requested record. Section 25(8)(a) granting accessto the information requested in full; Section 25(8)(b) granting partial or redacted access to the information requested; Section 25(8)(c) granting access to the requester ("a person who has requested access to information from a public entity or private body under the Act and these Regulations;") ; or Section 25(8)(d) granting accessto the information in aparticular format. Section 25(9) The Commission shall specify a period of time within twenty-one days, which the order must be complied with from the date the order has been made. Section 25(10) If, after reviewing the application for review, and the response, the Commission is of the opinion that the application for review is without merit, the Commission shall issue a decision and provide reasons in writing to the applicant ("a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations;") and the public entity or private body , and any third party where applicable. Section 25(11) Where the Commission is of the opinion that the matter requires further consideration, the Commission may, within reasonable, decide to hold a hearing. Section 25(12) An applicant ("a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations;") or any other party in a hearing may be represented by an advocate or any other person of their choice. Section 25(13)(a) ordering the public body or private entity to pay the applicant ("a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations;") ’s costs of the hearing, though an applicant ("a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations;") shall not be ordered to pay such costs to the public entity or private body ; Section 25(13)(b) delay beyond the timeline; Section 25(13)(b)(i) delay beyond the timeline; Section 25(13)(b)(ii) refusal to grant access to a full or partial record; Section 25(13)(b)(iii) granting access but not actually granting access in accordance with the application; Section 25(13)(b)(iv) deferring access; Section 25(13)(b)(v) granting access to only a specified person, that the Commission determines was unreasonable in all the circumstances; Section 25(13)(c) require the public entity or private body to take any administrative action that the Commission considers should be taken, and the reasons for the decision; or Section 25(13)(d) any other action the Commission deems appropriate in all the circumstances. Section 25(14) The Commission may publicize its decisions on its website, with any necessary redactions to protect the privacy of the applicant ("a person who has made a request for review of a decision of a public entity or private body to the Commission under these Regulations;") and any other person involved in the matter, and in compliance with section 6 of the Act ("the Access to Information Act ();") . Section 25(15) The Commission may require the public entity or private body that was the subject of the application to submit a report to the Commission within a specified period on the steps, if any, taken to comply with the directions of the Commission.
26
REVIEW BY THE COMMISSION - 26. Investigation of complaints

AI-assisted research summary: The Commission must investigate any contravention of section 16 of the Act within thirty days.

Section 26. Investigation of complaints Section The Commission shall, within thirty days, investigate any contravention of section 16 of the Act ("the Access to Information Act ();") in accordance with Part III of the Commission on Administrative Justice Act ("the Access to Information Act ();") ( Cap. 7J ) and the Act ("the Access to Information Act ();") .
27
REVIEW BY THE COMMISSION - 27. Appeals

AI-assisted research summary: A person dissatisfied with the Commission's decision may appeal to the High Court within twenty-one days, subject to section 23(3) of the Act.

Section 27. Appeals Section A person dissatisfied with the decision of the Commission under these Regulations may subject to section 23(3) of the Act ("the Access to Information Act ();") appeal to the High Court within twenty-one days from the date of the decision of the Commission.

Part VII

OVERSIGHT BY THE COMMISSION

28
OVERSIGHT BY THE COMMISSION - 28. Information management portal

AI-assisted research summary: The Commission must develop a web-based Information Management Portal compliant with Government ICT Standards; the Information Access Officer must record all information requests and actions in the portal.

Section 28. Information management portal Section 28(1) The Commission shall develop a web-based Information Management Portal which is compliant with the Government ICT Standards on Electronic Records and Data Management. Section 28(2) The Information Access Officer shall input information on all requests for information received and the action taken in the portal.
29
OVERSIGHT BY THE COMMISSION - 29. Duty to co-operate

AI-assisted research summary: Public entities and private bodies must co-operate with the Commission to promote access to information and comply with the Act and these Regulations; subsections list forms of cooperation including collaboration, establishing procedures, convening forums, and mediating disputes.

Section 29. Duty to co-operate Section 29(1) A public entity or private body shall co-operate with the Commission to promote the right to access information and compliance with the Act and these Regulations. Section 29(2)(a) cooperate or collaborate with public entities or private bodies as may be appropriate; Section 29(2)(b) collaborate with public entities or private bodies dealing with protected disclosures as contemplated by section 16 of the Act; Section 29(2)(c) collaborate with relevant public entities or private bodies, including regulatory bodies, to establish standard operating procedures or sector based administrative codes for handling information requests and to ensure compliance with the Act ("the Access to Information Act ();") and these Regulations; Section 29(2)(d) convene consultative forums for public entities or private bodies for sharing global best practices on matters provided under the Act ("the Access to Information Act ();") ; or Section 29(2)(e) mediate on disputes emanating from the implementation of the Act ("the Access to Information Act ();") and these Regulations.
30
OVERSIGHT BY THE COMMISSION - 30. Compliance withproactive disclosurerequirements

AI-assisted research summary: The Commission must monitor, from time to time, public entities and private bodies for compliance with the proactive disclosure requirements in Part III and section 5 of the Act.

Section 30. Compliance withproactive disclosurerequirements Section The Commission shall from time to time monitor compliance of public entities and private bodies with the proactive disclosure ("routine and systematic dissemination of information, without the requirement of a request for that information;") requirements set out in Part III and section 5 of the Act ("the Access to Information Act ();") .
31
OVERSIGHT BY THE COMMISSION - 31. Reporting

AI-assisted research summary: Public entities and private bodies must report specified disclosure and records-management measures and statistics to the Commission; failure to comply is an offence.

Section 31. Reporting Section 31(1)(a) the measures taken to comply with the proactive disclosure ("routine and systematic dissemination of information, without the requirement of a request for that information;") requirements of the Act ("the Access to Information Act ();") and these Regulations which shall, include providing a copy of the public entity or private body ’s Information Access Guide; and Section 31(1)(b) the measures taken to comply with the records management obligations in section 17 of the Act ("the Access to Information Act ();") and regulation 23. Section 31(2)(a) the number of requests for information received and the number of requests processed; Section 31(2)(b) the number of determinations made not to comply with requests for information, and the basis for such determinations; Section 31(2)(c) the average number of days taken to process requests; and Section 31(2)(d) any other matter that the Commission may require. Section 31(3) A Public entity or private body that fails to comply with the reporting obligations contemplated under section 23 (6) of the Act ("the Access to Information Act ();") and these regulations commit an offence specified under section 28(3) of the Act ("the Access to Information Act ();") .
32
OVERSIGHT BY THE COMMISSION - 32. General penalty

AI-assisted research summary: A person who commits an offence under these Regulations for which no specific penalty is provided, or who otherwise contravenes them, shall on conviction be liable to a penalty not exceeding twenty thousand shillings, or imprisonment not exceeding six months, or both.

Section 32. General penalty Section A person who commits an offence under these Regulations for which no specific penalty is provided or who otherwise contravenes these Regulations shall, on conviction, be liable to a penalty, not exceeding twenty thousand shillings or such term of imprisonment not exceeding six months, or both.
33
OVERSIGHT BY THE COMMISSION - 33. Revocation (L.N. 57 of 2023)

AI-assisted research summary: The Access to Information (General) Regulations, 2023 is hereby revoked.

Section 33. Revocation (L.N. 57 of 2023) Section The Access to Information (General) Regulations, 2023 is hereby revoked.

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the legislation currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

AI-generated material is explicitly labelled and published only through LexChat's quality controls. It is a research aid, not the source document.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.