[kictanet] Freedom of Information laws/ e- discussion continued

Tue Oct 18 14:27:39 EAT 2011

The essence of the freedom of information legislation is that it applies
vertically, the citizen's rights to demand from the state and not viz a vie
other citizens, the citizen can exercise their rights or not,,,its up to
them,the law does not confer any responsibility on them.

The issue of a mother denying her child access to polio vaccine is an issue
of children's rights.

On Tue, Oct 18, 2011 at 1:58 PM, Harry Delano <harry at comtelsys.co.ke> wrote:

> **
>
> Many thanks Kurubo/Grace,
>
> I suppose then, in light of the foregoing, State must at all costs avail
> "information" under it's possession.
>
> Citing the "Freedom of information" clause within this context however,
> makes it imperative for State to
> do so within universally adopted benchmarks. But within  the same context,
> what is the citizen's
> responsibility?
>
> I could check this out. But does the clause in the same vein confer a
> mandatory responsibility upon the
> citizen to ensure their exercise of this "Right to access" does not go to
> waste, or does he/she have the
> freedom to exercise this right/liberty liberally.
>
> One can argue that for instance,  a mother who fails to vaccinate her child
> against polio, because of "*failure"*
> to access information as opposed to "*lack"* of access to information
> should be held responsible. Is this
> enforceable in law..? How?
>
> Lastly but not least, State has only a tiny custody of information
> consumable by the public. I dare say that
> a lot of information/knowledge sought after by information consumers fall
> well outside the State domain.
>
> How do we police those outside, who hoard information desperately needed by
> consumers...? And what
> of those who deliberately avail misleading information/knowledge, including
> state..?
>
> Harry
>
>  ------------------------------
> *From:* Kerubo Ombati [mailto:kaykerubo at gmail.com]
> *Sent:* Tuesday, October 18, 2011 12:35 PM
> *To:* harry at comtelsys.co.ke
> *Cc:* KICTAnet ICT Policy Discussions
> *Subject:* Re: [kictanet] Freedom of Information laws/ e- discussion
> continued
>
>  Hi Listers,
>
> Harry, the 'Freedom of Information' clause in the constitution is designed
> to give citizens free access to public information held by the state,it
> generally does not impose a positive obligation on the state to impart such
> information on the individual.
>
> However,in certain instances, failure to provide the information to an
> individual can be considered to constitute an interference with their
> private rights and a breach of the state's human rights obligations.
>
> Although, freedom of information legislation is reluctant to impose a
> positive obligation on the state,the considered view as adopted is that the
> freedom of information legislation should impose a duty on the state to
> impart information to the public.
>
> Regards,
> Kerubo
>
> On Tue, Oct 18, 2011 at 10:10 AM, Harry Delano <harry at comtelsys.co.ke>wrote:
>
>> **
>> Hey Grace & Kerubo,
>>
>> Thanks for your summary overview. I wonder aloud whether it should only be
>> the state that maintains this monopoly over
>> accessibility to basic information in as far as "*Freedom *of
>> information" is concerned.
>>
>> Whereas state has the instruments it can use to either promote or curtail
>> such freedoms, I suppose it would also be safe
>> to say that in quite a number of instances, state might be deemed a "lame
>> duck".
>>
>> How about a remote Island sequestered somewhere, about 200 miles off the
>> shores of Lake Victoria with no basic access
>> to communication?
>>
>> Would the populace there's lack thereof, of basic information access be
>> considered an infringement on this fundamental
>> right/liberty by the state...?
>>
>> Harry
>>
>>  ------------------------------
>> *From:* kictanet-bounces+harry=comtelsys.co.ke at lists.kictanet.or.ke[mailto:
>> kictanet-bounces+harry=comtelsys.co.ke at lists.kictanet.or.ke] *On Behalf
>> Of *Grace Githaiga
>> *Sent:* Tuesday, October 18, 2011 12:57 AM
>> *To:* harry at comtelsys.co.ke
>> *Cc:* kictanet at lists.kictanet.or.ke
>> *Subject:* [kictanet] Freedom of Information laws/ e- discussion
>> continued
>>
>>   Thanks Harry Delano, Washington, Cleophas and Kerubo.
>>
>> Harry you raise a good question on what these terms mean and whether they
>> are interchangeable.
>>
>> Washington, you make an important point about freedom of expression/speech
>> not being absolute, and Cleophas affirms your point.
>>
>> Thanks Kerubo for the definitions. Yes, freedom of information simply
>> means  the freedom to get certain basic information held by the state, which
>> can enable one to for example bring a case of human rights violation or any
>> other cause.
>>
>> Freedom of expression can mean many things, say freedom to air your ideas,
>> take a stand, artistic creativity--simply freedom to express how you feel.
>> And of course as Washington and Cleophas rightly point out, all these
>> freedoms are subject to limitations and therefore not carte blanche.
>>
>> In this case then:
>>
>>    - Is there conflict between laws on freedom of information and what
>>    citizens demand/require?
>>
>>
>> Lets hear it from you.
>>
>> Rgds
>> Grace
>>
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>
>
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