The National Police Service (NPS) has come under scrutiny after a Kenyan questioned why the institution had allegedly blocked them on its official social media account. In response, the Commission on Administrative Justice (Ombudsman Kenya) said blocking users without lawful justification may undermine the public’s right of access to information.
The Ombudsman added that such action could be inconsistent with the principles of the Access to Information Act, 2016.
“Blocking users without lawful justification may undermine citizens’ right of access to public information and could be inconsistent with the principles of the Access to Information Act, 2016,” the commission stated.
Details of the Access to Information Act, 2016
According to Section 25 of the Access to Information Act, 2016, a person who deliberately obstructs access to information or destroys, conceals, or alters records to prevent disclosure commits an offense that may attract a fine, imprisonment, or both.
The law protects the public’s right to access information held by public entities.
Where an official social media account is used to communicate public business, blocking users without lawful justification may amount to an unlawful denial of access to information.
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While blocking someone is not, by itself, expressly listed as an offense under the Act, legal consequences may arise if it forms part of a deliberate effort to deny access to public information or misuse public office.
Commission Can Order Access if Right to Information Is Denied
Under the Access to Information Act, the Commission on Administrative Justice may intervene when it finds that a person’s right of access to information has been unreasonably limited or denied.
The Commission can order a public entity or private body to grant full or partial access to the requested information, allow the requester access, or provide the information in a specified format.
“Commission shall order the public entity or private body to do anything that, in the Commission’s opinion, is required to rectify the matter,” the Access to Information Act reads in part.
The law requires that any order issued by the Commission be complied with within the period specified, which must not exceed 21 days from the date the order is made.
Offenses and Penalties Under the Access to Information Act
Section 18 of the Access to Information Act sets out offenses related to denying or interfering with access to information, including altering, defacing, blocking, and erasing records.
Information access officers who refuse to accept information requests, fail to respond within the prescribed timelines, or deny reasonable assistance to persons with disabilities may face a fine of up to KSh50,000, imprisonment for up to three months, or both.
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“For proactive disclosure, information must be disseminated within thirty working days of it becoming available,” The act states.
The Act also provides that a person who deliberately alters, defaces, conceals, or erases records to prevent the disclosure of information commits an offense punishable by a fine of up to KSh500,000, imprisonment for up to two years, or both.
Other offenses include knowingly disclosing exempt information, providing false information, obstructing proceedings before the Commission, and misrepresenting information after it has been disclosed, each of which carries varying fines and prison terms under the law.
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