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

Tue Oct 18 17:22:08 EAT 2011

Dear Kerubo,

This is an excellent discussions and the duty bearer here is the state.
Access to information  cannot succeed unless the Government takes the
initiative  in ensuring  the development of the legislation and ensuring its
implementation. Maybe we can borrow from the  Platform on Access to
Information declaration which was  launched in Cape Town s( see attached)
and a number of media personalities in Kenya were part of it.

Rosemary Okello Orlale

Executive Director
African Woman and Child Feature Service
P.O.BOx 48197 00100
Nairobi, Kenya
Tel. 254-20-2724756,2720554
Fax: 254-20-2718469
Website:  <http://www.awcfs.org/> www.awcfs.org

Description: AWC logo

From: kictanet-bounces+rookello=awcfs.org at lists.kictanet.or.ke
[mailto:kictanet-bounces+rookello=awcfs.org at lists.kictanet.or.ke] On Behalf
Of Kerubo Ombati
Sent: 18 October 2011 12:35
To: rookello at awcfs.org
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 <mailto:kictanet-bounces%2Bharry>
=comtelsys.co.ke at lists.kictanet.or.ke] On Behalf Of Grace Githaiga
Sent: Tuesday, October 18, 2011 12 <tel:2011%2012> :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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