Bill seeking to boost access to information in Nakuru enters public participation stage

Nakuru East Ward MCA Anthony Kamau Kanyere, is championing a new bill aimed at enhancing transparency in county government operations.

The proposed legislation seeks to give Nakuru residents the legal right to access information held by county government institutions.

Beyond granting access, the bill outlines a clear framework requiring public entities to disclose the information they hold—both proactively and upon request—in accordance with the constitutional principles of transparency and accountability.

“The bill will also protect whistle blowers who share information in the public interest and in good faith. It further aims to create a structure for educating the public about their right to access to information under this law,” part of the draft legislation reads.

So, how can residents actually request this information?

According to the bill, residents will need to submit an application. This can be done either formally or informally, depending on the nature of the request and the institution involved.

“For formal applications, individuals must submit their request in writing, either in English or Kiswahili. The request should include enough detail to help the relevant county government office understand exactly what information is being sought,” the bill explains.

In the event an applicant is unable to make a written request for access to information, because of illiteracy or disability, the county information officer shall take the necessary steps to ensure that the applicant makes a request in a manner that meets their needs. 

Once the application is submitted, it will be reviewed, and a county official must respond as promptly as possible—within 21 days at the latest. As soon as a decision is made, whether the request is approved or denied, the applicant will be informed.

Interestingly, if no response is received within the 21-day period, the request will automatically be considered rejected.

If the application is approved, the county information officer is required to notify the applicant in writing within 15 working days, confirming that access to the requested information has been granted.

Are there any limits to this right?

Yes—access to certain types of information may be restricted, particularly if releasing it could compromise national security, interfere with ongoing legal processes, or put anyone’s health, safety, or life at risk.

The bill adds, “Information may also be withheld if its release could significantly harm the government's ability to manage the national economy, affect a county entity’s position in current or future legal proceedings, or severely damage the commercial interests—including intellectual property rights—of either the entity itself or a third party from whom the information was obtained.”

Members of the public will have an opportunity to weigh in on the bill during a public participation forum scheduled for June 12 at the Nakuru County Assembly.