The Access to Information (General) Regulations

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

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...

Section 3. Guiding principles Section disclosure of information required for disclosure or requested;

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;

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.

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 ();") .

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.

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) esta...

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

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 Ac...

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 servic...

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...

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...

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 capacit...

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;

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...

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.

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...

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.

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.

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...

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 fu...

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 per...

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 b...

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...

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 ();") .

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.

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.

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.

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 ();") .

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 2...

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.

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