11 November 2011

By Peter Mwaura

The Freedom of Information Bill is back after an absence of nearly four years. But this time, it bears the signature of Samuel Poghisio, the minister of Information and Communications.

The proposed law, which is deemed to be so critical for the establishment of an open and accountable government, has been on the agenda, on and off, since 2000.

Three drafts have so far been thrown into the public domain. The first appeared in 2005 but it did not get very far.

The second, sponsored by Kisumu Rural MP, Prof Peter Anyang’ Nyong’o, was gazetted and brought before Parliament in 2007 but was never debated.

Governments have misgivings about a law that makes their activities and deliberations an open book.

Freedom of information laws are based on the principle that citizens have a right to information held by the government and other public authorities.

It is argued that the government acts in the public interest and the information it collects in the course of its work is held in trust for the public. The government, therefore, should make that information freely available to the public.

Further, it is argued that freedom of information is beneficial. It empowers citizens to hold the authorities to account.

That helps to reduce or eliminate corruption and incompetence. Citizens can also use the information to exercise their rights and fundamental freedoms.

Moreover, it promotes informed public debate on public issues and in the making of decisions.

Still, governments are wary of the freedom of information legislation because there are certain things they would like — sometimes quite legitimately — to keep hidden from the public view.

When the United Kingdom, in keeping with the worldwide trend of enacting freedom of information laws, passed its Freedom of Information Act in 2000, the then prime minister Tony Blair, who introduced the law, later said he regretted doing so because the Act made it difficult for his officials to deliberate “with a reasonable level of confidentiality”.

Even so over 80 countries, most of them in the West, have enacted some form of freedom of information laws. In Africa, only five countries have enacted such laws and few are likely to join them any time soon.

Botswana, that bastion of democracy in southern Africa, for example, has made it known that freedom of information legislation is not a priority.

If Kenya passes the Freedom of Information Bill, it will become the second nation in East Africa, after Uganda, to do so. Other African countries that have such laws are Liberia, Nigeria, South Africa and Zimbabwe.

Yet, the freedom of information legislation is not a luxury. It is crucial for the promotion of democracy, good governance and accountability.

The empowerment of citizens to participate in public affairs and keep governments accountable and transparent is predicated on the free flow of information.

While Sweden realised this long before everybody else and boasts a Freedom of the Press Act passed in 1766, the United States has the most robust Freedom of Information Act which came into force in 1967.

The Commission for the Implementation of the Constitution (CIC) is now in the process of receiving proposals from stakeholders for Kenya’s Freedom of Information Bill, which was released on August 15 this year.

The good news is that the Bill, though not perfect, is well done and reads like a genuine attempt by the government to open its doors.

Not that the government has any choice. The proposed law is one of the requirements for the implementation of the Constitution. Article 35 of the Constitution provides that every citizen has the right of access to information held by the State.

Article 232 also provides that “the values and principles” of public service shall include the involvement of the people in the process of policy making, accountability for administrative acts, transparency and provision to the public of timely, accurate information.

The Freedom of Information Bill, if passed into law, will bring about a culture of openness that will change the way we view government and the way government does business

Article courtesy of http://allafrica.com/stories/201111140144.html, retrieved on 15 November, 2011