A report by Katiba Institute and complaints raised by human rights activists group show that the government is still withholding critical information requested by the public.

This is contrary to Article 35 of the Constitution and Access to Information (ATI) Act, 2016 which instructs the government to give the public proactive information.

According to the report by Katiba Institute, out of 13 ATI letters sent by residents of Nakuru, only four were replied to.

The institute’s Communication Director, Kevin Mabonga, said out of the four responded ATIs, only two were to the satisfaction of the community’s requests.

In Samburu, the report shows that seven requests were submitted, with only two receiving responses, one of which was considered unsatisfactorily.

“In Nairobi County, three ATI requests were submitted, but none have received a response,” showed the report.

According to Mabonga, the biggest challenge is that the government officials and duty bearers are unwilling to give information upon requests.

Further, he stated that at times, the requested information, although crucial may delay.

“We initiated a three-year project to engage the community and government officials and discovered that the training was necessary since members of the public do not know they have the right to ask for information and the government does not know they are mandated to share information,” he said.

He said they believe the government, traditionally established on secrecy, finds it hard to share information.

Among the ATIs include one by a Nakuru resident dated October 29, 2024, sent to the County Secretary, seeking to know why Gioto market, along Nakuru-Kabarak road, completed in 2022, has never been used.

“The market was constructed using taxpayers’ money and has since been vandalized and is in ruins, meaning public money- around Sh47 million-was not used prudently,” wrote the resident.

The resident also did a follow-up to the Office of the Ombudsman on January 20, 2025 and June 2025, but she has not gotten any response to date.

Mabonga said that once the citizens learnt how to write ATIs and that it was within their right, they started requesting for information.

However, he said they faced challenges. Among those who have written letters include Nakuru civil rights activist Laban Omusundi.

He said he had written over 10 ATIs but the responses were wanting.

His latest ATI is dated May 30, 2025 and it is addressed to the Chief Officer Medical Services, seeking information on the status and management of stipends for Community Health Promoters (CHPs) in the County.

He submitted that despite CHPs being an essential part of the county’s health system, there have been ongoing concerns about delays, irregularities, and lack of transparency in the payment of their stipends.

“I seek information on the total amount allocated in the County Budget for CHPs’ stipends for the financial years 2024/2025 and 2026/2027,” wrote Omusundi.

He also sought a certified total disbursed and any outstanding balances owed to CHPs among other information.

However, he stated that he has not received any response for the same.

Patricia Joseph, Katiba Institute’s Programme Manager said there was need for more training and engagement between the public and government to make access to information easier.