Media experts push for stronger laws on access to information in Kenya

The Media Council of Kenya (MCK) and other players in the communication sector are advocating for more public access to information to strengthen democratic governance in Kenya.

The manager, Press Freedom, Safety, and Advocacy at MCK, Dinnah Ondari, stressed the importance of both online and offline access to information without fear of execution or harm.

She was speaking during the International Day for Universal Access to Information held at the Safari Park Hotel on Friday.

"Freedom of expression and public access to information are core components of democratic governance development," Ondari said.

The event was held under the theme, 'Mainstreaming Access to Information and Participation in the Public Sector'.

It brought together stakeholders, including UNESCO, Katiba Institute, and the Commission on Administrative Justice (CAJ) to discuss national and global efforts to ensure transparency and media freedom.

Ondari highlighted Kenya’s constitutional framework, noting that Article 33 entails the freedom to seek, receive, and impart ideas, while Article 34 guarantees media freedom, while Article 35 provides the context within which we are having this conversation today.

The event also addressed the challenges facing journalists in the digital space, calling for the protection of media workers from censorship, surveillance, and harassment, both online and offline.

Kenya Union of Journalists Secretary General Eric Oduor echoed the sentiments by Ondari, emphasising the need for public entities to embrace transparency by providing timely access to information.

“Journalists require information, and it is important that we share this information with them so they can impart it to the public,” Oduor stated.

He cited the recent controversy surrounding the leasing of airports, attributing the confusion to a 'limited flow of information and warned that 'information darkness opens the floodgates for rumours, propaganda, and misinformation'.

Oduor called for a review of the Access to Information Act to align it with the current reality in the country.

Additionally, Oduor addressed the challenges posed by rapidly advancing technology, particularly digital platforms and artificial intelligence.

"While we can’t stop technology, Kenya must move fast in enacting policies to manage these disruptions or risk falling behind," he said.

Kenya Editors Guild Chief Executive Officer Rosalia Omungo stressed the urgent need for media innovation in the face of rapid technological advancement.

“Journalism remains under threat, and innovation will be key to saving media,” she stated.

She urged stakeholders to focus on developing new storytelling methods that align with the digital era.

Omungo stressed the importance of verification in combating misinformation.

She said verification acts as a second layer of defense against incorrect information, especially in the digital age where fake news is rampant.

Resident Country Director at the National Democratic Institute Dennis Omondi in his remarks emphasised the critical link between access to information and effective public participation.

“Access to information is crucial for meaningful public participation, which is a fundamental aspect of a working democracy,” Omondi said.

Omondi highlighted the digital shift in citizen engagement, noting that smartphones and social media platforms have transformed how citizens engage with governance dynamically and responsibly.

He explained that these technologies have democratised public discourse, providing marginalized groups, such as the youth and rural communities, with new avenues to participate in shaping national policies.

Head of Social and Human Programmes at UNESCO Hugue Ngandeu underscored the importance of access to information as a fundamental human right, citing its basis in international law.

“Article 19 of the International Covenant on Civil and Political Rights explicitly acknowledges the right to seek, receive, and impart information,” Ngandeu said.

On the digital front, Ngandeu pointed out that emerging technologies like AI offer opportunities to widen the digital space and create faster access to information, but they also present new regulatory challenges.

He encouraged the media fraternity to engage in the ongoing national AI and emerging technology strategy, emphasising that their involvement is crucial.

The Acting Executive Director of the Katiba Institute Christine Kuria addressed the gathering, highlighting the critical importance of access to information within the framework of Kenya’s constitution.

“Access to information is a critical element in realising rule of law, democracy, and participation of the people,” Kuria said.

Kuria emphasised that the constitution mandates public entities to ensure proactive disclosure of information to the public.

She emphasised on the need for maximum disclosure and the duty to routinely provide information in a timely and accessible manner.

Kuria cautioned that disregarding access to information and public participation undermines not only the legality but also the legitimacy of public decision-making.

According to Kuria, public participation must be genuine and not merely a formality.

The Director of Corporate Services at the Media Council of Kenya Hillary Korir in his address stressed the fundamental role of access to information in journalism.

“Access to information is the ultimate public good,” Koriri said

Korir linked it directly to the Access to Information Act enacted in 2016, which actualises Article 35 of the Constitution.

He noted that this legislation facilitates journalists' work in research, issues of fact-checking, and verification.

He also highlighted the Media Council's commitment to advocacy and training, stating that they conduct at least 10 forums annually targeting public officers and journalists.

This includes the International Day on Universal Access to Information, aimed at reflecting on achievements and challenges in promoting the right to information.

Korir concluded by expressing hope that the forum would lead to actionable ideas that can enhance our various roles in advancing the right to information for public interest and national development.

On her part, the Commission Secretary and Chief Executive Officer of the Commission on Administrative Justice Mercy Wambua emphasised the significance of access to information as a fundamental right essential for promoting open governance.

“Mainstreaming access to information and participation in the public sector serves as a reminder that the right of access to information is a fundamental right that plays a critical role in creating open, inclusive and transparent governance systems,” Wambua said.

During a panel discussion at the event, experts explored the role of technology in advancing access to information and public participation.

 Ondari emphasised the critical role of media in advancing Access to Information.

“There is no journalism without information. This underscores the central role that information plays in the work of the media,” Ondari said.

She highlighted that complaints from journalists regarding denial of information remain among the top issues filed with the Media Council.

Digital Editor at Radio Africa Group Francis Mureithi underscored the risks posed by misinformation in the digital era.

“It is crucial to stay vigilant as there’s a significant risk of encountering misinformation and disinformation when relying on technology,” Mureithi said.

He stressed the need for institutions to invest heavily in fact-checking to build trust with digital consumers.

Programmes Manager Katiba Institute Patriciah Joseph echoed the call for enhanced literacy.

“When we talk about access to information, we are referring to both the information itself and the means of enabling that access,” Joseph said.

She emphasised that both government and other institutions must ensure they provide accessible information and the tools necessary for public participation.