KENYA: FREEDOM OF INFORMATION This Memorandum provides an analysis of the Kenyan draft Freedom of Information Law 2005 (“draft Law”) in terms of its compliance with the standards under international law for the guarantee of freedom of expression and access to information. ARTICLE 19’s analysis and comments are made within the framework of the international standards governing freedom of expression, with particular reference to Kenya’s treaty obligations under the International Covenant on Civil and Political Rights (ICCPR). We also prepare this Memorandum in the context of a memorandum by the Kenyan branch of the International Commission of Jurists (ICJ Kenya) on an earlier version of the draft Law, which provided extensive drafting recommendations. We note that a significant number of these recommendations have been implemented into the draft Law. As a result, the purpose of this Memorandum is to provide ICJ Kenya with additional drafting recommendations to further the draft Law’s compliance with the applicable international standards. ARTICLE 19 seeks to make a constructive contribution to the promotion and protection of freedom of expression and access to information in Kenya. The Kenyan government promulgated a first draft of the Freedom of Information Law in 2005 whose terms demonstrated a strong commitment to the implementation of the international standards of freedom of expression and access to information, and it has been responsive to the suggested amendments made by civil society organisations including ICJ Kenya. The draft Law has the potential to set an important regional benchmark in the protection of freedom of expression and access to information. It is capable of providing an impetus for the proper implementation of the freedom of information legislation in Angola and Uganda, as well as provide support for the further development of similar legislation in other countries. We note that the ICJ Kenya memorandum draws heavily upon the progressive freedom of information models in other Commonwealth countries, including South Africa and India, and urges the Kenyan government to follow these examples. We support this view and make appropriate drafting recommendations in this Memorandum.
