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@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@lists.kictanet.or.ke [mailto:kictanet-bounces+harry=comtelsys.co.ke@lists.kictanet.or.ke] On Behalf Of Grace Githaiga
Sent: Tuesday, October 18, 2011 12:57 AM
To: harry@comtelsys.co.ke
Cc: kictanet@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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