Kenya has published a new national policy intended to make government records more accessible to the public, requiring public institutions to disclose information of public interest proactively and improve how they manage requests for official documents.
The Access to Information Policy, 2026, was published in the Kenya Gazette on October 9 under Gazette Notice No. 15992. It was issued by the Ministry of Information, Communications and the Digital Economy, led by Cabinet Secretary William Kabogo, and seeks to strengthen the implementation of Kenyans’ existing constitutional right to access information held by the State.
The policy targets longstanding obstacles such as bureaucratic delays, inadequate records management and practices that make it difficult for citizens to obtain information about government decisions, development programmes and the use of public funds.
Under the new framework, institutions covered by the access-to-information system are expected to publish important information without waiting for members of the public to submit requests. They are also expected to make information available in official languages or relevant local languages and in formats accessible to people with disabilities.
The changes could help citizens, journalists, researchers and civil society organisations scrutinise public expenditure, assess development projects and establish how government decisions affect their communities.
The policy also calls for stronger records-management systems, including keeping information accurate, reliable and accessible, while using technology to improve the storage and retrieval of government documents. Institutions are expected to establish procedures for handling information requests and communicate their decisions within the timelines prescribed by law.
In the policy’s foreword, Kabogo said the framework responds to constitutional and legal requirements, as well as Kenya’s Vision 2030, which recognises public access to information and data as a way to encourage citizens’ participation in development.
The policy further addresses protections for people who report suspected wrongdoing in the public interest. It proposes safeguards against victimisation, discrimination, punishment, and dismissal, along with measures to protect the identities of those who disclose misconduct. The effectiveness of these protections will depend on how they are implemented and enforced.
The framework also provides for accountability in the reporting of information-access activities. Public institutions must submit annual access-to-information reports to the Commission on Administrative Justice, commonly known as the Office of the Ombudsman. The Commission can initiate appropriate action where institutions knowingly submit manipulated or false information, in accordance with the Access to Information Act and other applicable laws.
However, the policy does not make every government document automatically available to the public. Access may still be restricted where disclosure falls under lawful exemptions, including those relating to national security, personal privacy, commercial interests and certain legal proceedings. People denied access can pursue established review and complaints mechanisms.
Kenya’s right to information predates the new policy. Article 35 of the Constitution guarantees every citizen access to information held by the State, while the Access to Information Act, 2016, provides the legal framework for exercising that right. The 2026 policy is intended to strengthen implementation of these existing protections rather than create the constitutional right itself.
The policy’s practical impact will depend on whether ministries, public agencies and other covered institutions follow through on their commitments, maintain accessible records and respond to requests within the legally required periods. Its publication establishes a national framework, but the real test will be whether citizens can obtain public records more easily and use them to hold institutions accountable.
