Freedom of information and government records in Kenya, Uganda and Tanzania

Abstract

Freedom of Information (FOI) regimes can only be effective if government records are managed well. This article sets out the findings of research conducted in Kenya, Uganda and Tanzania to establish the level of alignment between those governments' FOI aspirations and their records management readiness for FOI. The article sets out a high-level regulatory framework for the effective management of government records in the ICT/e-government and FOI environments to highlight areas that could be addressed, in order to prepare for FOI in the three countries.

Taking archives to the people: an examination of public programs in the National Archives of the Eastern and Southern Africa Regional Branch of the International Council on Archives

“…36 Seemingly, reports on users' right of access to information are more common in the literature than studies of the influence of legislation on public programming initiatives. 37 Users: key determinants of public programming initiatives Public programming initiatives should be designed to address the information needs of archive users, 38 but this is possible only if archivists take time to investigate the needs of their users. 39 It would seem that most archival repositories in the ESARBICA region do not consider the needs of their users when planning the public programming initiatives.…”

The Kenyan Judiciary’s Open Government Initiative: prospects and challenges

“…Corruption, poor service delivery and undemocratic governance survive on systems that keep information hidden from the public and bureaucracies which place near unfettered power into the hands of the few public officials that control this information (Collaboration on International ICT policy for East and Southern Africa, 2012). However, South Africa has taken a leadership role in embracing open government in Africa followed by Kenya, Tanzania, Liberia and Ghana (Excell and Sendugwa, 2012; Lowry, 2013). One key aspect in Kenya’s Open Government Initiative is the citizens’ right to access information and the state’s duty to provide the information without any discrimination as spelt out in the Bill of Rights Chapter 4 Article 35 of the Constitution 2010 of Kenya (Republic of Kenya, 2010).…”

“…Consequently, governments and agencies should put in place an effective governance structure as well as processes to formally identify relevant data and/or information, assure its quality and publish it in a timely manner. Data quality is critical, as low-quality data may misinform and mislead the public about government work and performance (Lowry, 2013).…”

The possible benefits of freedom of information laws to the records management landscape in the ESARBICA region

“…According to Mnjama (2003b: 183) records can only be authentic when they have been under proper custody and care, and when it can be proved beyond any reasonable doubt that they have not been altered or tampered with by unauthorized persons. Moreover, access rights are of limited value if information cannot be found when requested, or if found, cannot be relied on as authoritative, or if the arrangements for their eventual destruction or transfer to archives are inadequate (Lowry 2013: 25). Furthermore, the lack of effective control systems may make it difficult to track relevant information when FOI requests are received (Jubb, 2012: 65).…”

“…The enactment of FOI legislation without proper records management systems in place is a waste of time and resources. Lowry (2013) observed widespread records and information management weaknesses in Kenya, Uganda and Tanzania and the absence of policies and strategies to address them, concluding that these weaknesses prevent the effective implementation of existing and planned FOI laws. Mitchell (1993) claims that by mentioning records management and its responsibilities, FOI legislation and quasi-legislative statements have raised the profile and importance of the records management or archival programme.…”