Legal Advice Centre t/a Kituo Cha Sheria & 33 others v Cabinet Secretary, Ministry of Education & 7 others (Petition 104 of 2019) [2021] KEHC 390 (KLR) (Constitutional and Human Rights) (26 November 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 390
- Citation
- [2021] KEHC 390 (KLR)
- Decided
- 26 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent's Motion DismissedCoramPAULINE NYAMWEYA, MUGURE THANDE, DAVID KEMEI
Holding
Petitioners' prayer for disclosure of the subject reports is declined, and the application is dismissed with no order as to costs.
Facts
Petitioners sought disclosure of reports by security agencies concerning terrorist attacks, arguing it was in the public interest. Respondents opposed disclosure, citing national security concerns.
Issues
- Whether disclosure of information contained in reports by security agencies concerning terrorist attacks could be said to be in the public interest.
- What were the conditions to be met before a right or fundamental freedom could be limited?
- What was the test for determining whether a restriction was appropriate.
Reasoning
The court emphasized the right to access information as a fundamental right under the Constitution and international law. The right is not subject to reasons given by the person seeking access or the public entity's belief about the reasons.
Outcome
Petitioners' application dismissed
Orders
- Petitioners' application for disclosure of reports by security agencies concerning terrorist attacks is dismissed.
- A copy of this ruling is to be transmitted to the Attorney General and the Clerk of the National Assembly for proposed law reforms.
Authorities cited
Legislation (4)
- Access to Information Act, 2016
- Universal Declaration of Human Rights
- International Convention on Civil and Political Rights
- Africa Charter on Human and Peoples Rights
Cases cited (2)
- Brummer v Minister for Social Development & OthersCCT 25/09 2009 ZACC 21
- Katiba Institute v Presidents Delivery Unit & 3 others [2017] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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