ARTICLE 35: DEMOCRACY CANNOT EXIST IN THE DARK

SJCWG, Commission on Administrative Justice and Katiba Institute Hold Community Dialogue on Access to Information

The Social Justice Centres Working Group (SJCWG), through DCJPC, Ngando, Chaplains of Hope and Voice of Dignity (VOD), in partnership with the Commission on Administrative Justice (CAJ) – Office of the Ombudsman and Katiba Institute, held a community dialogue on Article 35 of the Constitution of Kenya and the Access to Information Act, 2016.

The dialogue brought together community actors, social justice defenders and other stakeholders to deepen understanding of the constitutional right to access information and its importance in promoting transparency, accountability and meaningful public participation.

Article 35 guarantees every citizen the right to access information held by the State. It also provides for access to information held by another person where that information is required for the exercise or protection of a fundamental right or freedom.

For communities, particularly those living and working in informal settlements, this right has profound practical significance.

Access to information is access to power.

When citizens cannot obtain information about public projects, budgets, government decisions, land, public services or other matters affecting their lives, their ability to participate meaningfully in governance is weakened. Without information, public participation can easily become a formal exercise rather than a genuine opportunity for communities to influence decisions.

The dialogue therefore situated Article 35 within the broader struggle for people-centred governance and accountability.

Participants explored the practical realities of seeking information from public institutions, including the responsibilities of information-holding institutions and the mechanisms available to citizens when their requests are denied, ignored or inadequately addressed.

The engagement with the Commission on Administrative Justice, which has a mandate relating to access to information and administrative justice, provided an important opportunity for communities to understand available avenues for seeking redress.

Katiba Institute brought an important constitutional perspective to the conversation, helping connect the right to information with broader constitutional principles of transparency, participation, accountability and the protection of fundamental rights.

For the Social Justice Centres Working Group, strengthening knowledge of Article 35 is part of a wider effort to ensure that constitutional rights are not confined to legal texts but become practical tools in the hands of ordinary people.

Communities require information to question decisions, monitor public resources, participate in governance and demand accountability from institutions exercising public power.

The dialogue also reinforced the importance of grassroots knowledge and community organising. Social Justice Centres provide spaces where residents can collectively identify rights violations, document community concerns and pursue remedies.

The right to information can significantly strengthen this work.

Whether a community is seeking information about a public development project, allocation of resources, environmental decisions, public services or administrative action, Article 35 provides a constitutional foundation for demanding answers.

The conversation was therefore not simply about understanding a constitutional provision. It was about demystifying the law and putting constitutional power in the hands of the people.

A democratic society cannot function effectively when citizens are excluded from information necessary to understand and question decisions made in their name.

Information enables participation. Participation strengthens accountability. Accountability strengthens democracy.

The dialogue between SJCWG, CAJ and Katiba Institute marks an important step towards strengthening community capacity to exercise the right to access information and use it as a tool for social justice.

Ultimately, Article 35 must be understood not as a privilege granted by public institutions, but as a constitutional right belonging to the people.

An informed citizen is an empowered citizen. And an empowered community is better positioned to defend its rights, demand accountability and shape the decisions that affect its life.

The Constitution belongs to the people. So does the information necessary to make it work.