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: www.awcfs.org
From:
kictanet-bounces+rookello=awcfs.org@lists.kictanet.or.ke
[mailto:kictanet-bounces+rookello=awcfs.org@lists.kictanet.or.ke] On Behalf
Of Kerubo Ombati
Sent: 18 October 2011 12:35
To:
rookello@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@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:
Lets hear it from
you.
Rgds
Grace
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