35. Access to information
Official Constitutional Text
35. (1) Every citizen has the right of access to—
(a) information held by the State; and
(b) information held by another person and required for the exercise or protection of any right or fundamental freedom.
(2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person.
(3) The State shall publish and publicise any important information affecting the nation.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article gives every Kenyan the right to access information.
Key points:
- Citizens can request information held by the government (State).
- Citizens can also request information held by private persons or organisations if it is needed to protect or exercise any of their rights.
- Everyone has the right to demand correction or deletion of false or misleading information about themselves.
- The government must proactively publish and publicise important information that affects the nation.
This is one of the strongest Access to Information provisions in any African constitution and is the foundation for Kenya’s Access to Information Act.
Related Information
- Related Laws: The Kenya Access to Information Act, 2016