Public access to information and open governance in Kenya

This paper investigates the role of public access to information in open governance in Kenya;identifies the factors affecting access to public information in Kenya;establishes the extent to which access to public information has influenced open governance in Kenya;and recommends strategies to enhance open governance through access of public information in Kenya.The paper is based on a qualitative study designed as an exploratory survey.Qualitative data was collected through key informant interviews with staff of the Commission on Administrative Justice(Office of the Ombudsman),which is tasked with implementing the Act,and documentary analysis.Content analysis of reports generated by implementing or oversight agencies was also conducted.The findings of the study show that the implementation of the Access to Information Act(2016)has had major contributions to the attainment of Kenya's commitments to open governance.Access to information underlies initiatives relating to open data sharing,beneficial ownership and access to justice.However,the implementation of the Act in Kenya faces challenges such as lack of funding,corruption,low levels of citizen awareness,and a culture of secrecy.The study recommends that the government should set up monitoring mechanisms to evaluate milestones of open governance initiatives such as the Act so as to be able to better evaluate the contributions of each commitment internally rather than relying on external evaluators.

超越阅卷:司法信息化背景下的刑事被告人数据访问权研究

刑事诉讼中辩方享有阅卷权,是实现辩护的基本保障。然而,司法信息化变革给原有的阅卷权制度带来了巨大冲击,使其无法实现原有的制度目标,于是引入被告人数据访问权取代原有的阅卷权制度,从保障被告人诉讼主体地位、维护程序正义、确保实体真实的角度看,均有正当性和合理性。由于数据访问权与阅卷权既有相似之处又有区别,这为以数据访问权代替阅卷权提供了可能性。在确立被告人的数据访问权时,应注意权利主体与协助者的关系,权利运作方式如对象范围、行使方式、成本分担,以及权利的必要限制等问题,以实现其与刑事诉讼其他制度的协调。