Kenya Unveils New Policy to Make Government Records Easier to Access

Standfirst: The framework aims to tackle delays, secrecy and poor record-keeping, but Kenyans will judge it by whether public offices release information when requested.

The Kenyan government has introduced a new policy intended to make it easier for citizens to obtain records on public spending, government decisions and the delivery of public services. Its success, however, will depend on whether public institutions become more willing and able to share information.

The Access to Information Policy, 2026, was published in the Kenya Gazette on October 9 under Gazette Notice No. 15992. Information, Communications and the Digital Economy Cabinet Secretary William Kabogo says the framework is intended to strengthen the public’s ability to participate in governance and hold institutions accountable.

The policy seeks to address longstanding obstacles to accessing official records, including bureaucratic delays, weak records management, limited resources and a culture of secrecy.

It builds on Article 35 of the Constitution and the Access to Information Act, 2016, which already provide the legal foundation for the right to access information held by the State.

In the policy’s foreword, Kabogo links the framework to Kenya’s development agenda and the need for citizens to participate more effectively in decisions affecting their lives.

The policy also draws on Kenya Vision 2030 and the United Nations Sustainable Development Goals, which recognise the importance of public access to information in promoting accountable institutions.

The announcement raises a practical question: will Kenyans find it easier to obtain documents that explain how public money is spent and why government decisions are made?

What the new policy means for Kenyans

The framework expects public institutions to disclose information of public interest proactively, rather than waiting for individual requests.

This could make it easier for citizens to examine procurement records, follow the progress of public projects and seek explanations when services fail to meet expectations.

For example, a resident concerned about a stalled road project could seek records showing the project’s budget, procurement process, implementation schedule and payments made, subject to lawful restrictions on disclosure.

Journalists, researchers and civil society organisations could also use the framework to seek documents needed to investigate public expenditure and assess whether government programmes are delivering their intended results.

The policy calls for information to be made available in accessible formats, including formats suited to persons with disabilities. It also promotes the use of technology and better records management to improve how information is stored, located and shared.

Public bodies are expected to establish clear procedures for handling requests and ensure that responsibility for responding does not disappear between departments or regional offices.

These measures are intended to make access less dependent on personal connections or repeated visits to government offices.

The law already sets deadlines for responses

The new policy does not create the right to information from scratch. That right is already protected by the Constitution and the Access to Information Act, 2016.

Under Section 9 of the Act, public officers generally have 21 days to decide on an information request. Requests concerning a person’s life or liberty are subject to a shorter, 48-hour deadline, although the law provides for a limited extension in specified circumstances.

The law also provides a route for people who believe their requests have been unlawfully rejected or ignored.

The Commission on Administrative Justice, commonly known as the Office of the Ombudsman, oversees access-to-information matters and provides a channel for complaints and review.

Kenyans seeking records should therefore not assume they must wait for the new policy to take effect before exercising their existing rights.

The more significant question is whether the new framework will help public offices comply consistently with obligations that are already in place.

Public institutions face pressure to improve record-keeping

Access to information depends on more than a legal right. Officials must know which records exist, where they are stored, who is responsible for releasing them and how requests should be processed.

Poorly maintained files, fragmented systems and unclear responsibilities can make even legitimate requests difficult to fulfil.

The policy seeks to address these challenges by promoting better information management and more consistent procedures across institutions.

It also calls for public bodies to report on their access-to-information activities. Under the existing framework, the Commission on Administrative Justice has a role in monitoring compliance and handling complaints.

Regular reporting can help reveal whether institutions are responding to requests and meeting their obligations. Its value, however, will depend on the quality of the information submitted and the action taken when institutions fall short.

The policy’s implementation will require coordination across government, alongside participation from the private sector, civil society, faith-based organisations, the media, academia and members of the public.

Will the policy expose more information about public spending?

Greater access to official records could help citizens ask more specific questions about government contracts, project costs and administrative decisions.

It could also strengthen public debate by allowing claims about government performance to be tested against documents rather than relying solely on official statements or political arguments.

But transparency does not mean every document must be released without restriction.

The law recognises exemptions covering certain information, including matters relating to national security, personal privacy, commercial interests and other protected interests. Such restrictions must be considered within the applicable legal framework.

The challenge is to protect information that the law legitimately shields without using confidentiality as a blanket reason to withhold material that should be public.

That distinction is particularly important when records concern the use of public funds or decisions affecting communities.

Whistle-blower protection and the limits of the new framework

The policy also addresses safeguards for people who disclose suspected wrongdoing in the public interest. It envisages protection against victimisation, discrimination and other forms of retaliation, including measures to safeguard the identities of people who report misconduct.

Such safeguards could encourage people to raise concerns about malpractice. However, the extent of the protection available in any particular case will depend on the applicable law and how the measures are implemented.

The policy’s publication should not be mistaken for proof that all barriers to disclosure have been removed. Nor does it, on its own, guarantee that every person who reports wrongdoing will be protected from retaliation.

Implementation will determine whether Kenyans see a difference

The government’s new framework sets out an ambition to make access to public information more consistent and effective. It also highlights problems that have complicated the exercise of a right already recognised in law.

The test will be whether public institutions respond within statutory timelines, maintain reliable records, make important information available proactively and provide clear reasons when access is lawfully restricted.

For citizens, the practical measure of success will be straightforward: whether they can obtain the information they need without unnecessary delays or unexplained refusals.

For now, the Access to Information Policy, 2026, provides a framework for improving implementation. Whether it leads to greater transparency will depend on what public institutions do after the policy has been published.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.