Khalifa & another v Principal Secretary, Ministry of Transport & 6 others (Constitutional Petition E032 of 2019) [2022] KEHC 368 (KLR) (13 May 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 368
- Citation
- [2022] KEHC 368 (KLR)
- Decided
- 13 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from the High Court at MombasaCoramJM MATIVO
Holding
The petitioners' request for access to information was granted, and the respondents were ordered to provide the requested information within 21 days and at their own cost.
Facts
Petitioners sought access to information from the respondents, including the Principal Secretary, Ministry of Transport, and the Attorney General, but were denied. The petitioners alleged that the refusal to provide information was unjustified.
Issues
- key considerations for determining whether restricting access to information was necessary to protect a legitimate national security interest
- effect of the failure by public officials to supply the information requested within the 21-day timeframe
- circumstances in which the right to information could be limited
- who was responsible for demonstrating that the refusal to provide access to information was justified
- factors to consider when determining whether a public officer acted in bad faith when refusing access to information
- res judicata (already decided by a court)
Reasoning
The court held that restrictions on information based on national security should have the genuine purpose and demonstrable effect of protecting legitimate national security interests. The burden of establishing that the refusal of access to information was justified rested on the State.
Outcome
Petition granted
Orders
- A declaration be and is hereby issued that the failure by the respondents to provide information sought under article 35(1)(a) and also to publicise the information in accordance with article 35(3) on the basis of the 1st petitioner’s request dated December 16, 2019 is a violation of the right to access to information.
- A declaration be and is hereby issued that the failure by the respondents to provide information on the basis of the 1st petitioner’s request dated December 16, 2019 is a violation of article 10 of the constitution.
- An order compelling the respondents to forthwith provide, at the respondents’ cost, the information requested on December 16, 2019 and May 13, 2021.
Remedies
- A declaration that the failure to provide information was a violation of the right to access to information.
- A declaration that the failure to provide information was a violation of article 10 of the constitution.
- An order compelling the respondents to provide the requested information within 21 days and at their own cost.
Authorities cited
Legislation (2)
- Access to Information Act (Cap 7M)
- Ocial Secrets Act
Cases cited (1)
- (147/2005) [2005] ZASCA 113; [2006] 1 All SA 352 (SCA); 2006 (4) BCLR 473 (SCA) (29 November 2005)
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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