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← Your rights and the law

Can you get information held by a private company?

Constitution of Kenya, 2010; Access to Information Act, 2016 · sources read 4 Oct 2026

Yes. Every Kenyan citizen has a right to information held by another person, including a company, if you need it to use or protect a right or fundamental freedom. Ask the company's Information Access Officer in writing or by speaking, and if they refuse, apply to the Ombudsman for a review.

How long
A decision within 21 days of receiving your request (48 hours if the information concerns someone's life or liberty)
Deadline
The Access to Information Act gives you 30 days from being told of the decision to apply to the Ombudsman for a review.
Deadline
Apply to the Ombudsman for a review within 30 days. The Ombudsman may accept a late application if your reasons justify it.
Deadline
Appeal to the High Court within 21 days of the Ombudsman's decision.
Where
The company's Information Access Officer; the Commission on Administrative Justice (Ombudsman), 2nd Floor, West End Towers, Waiyaki Way, Westlands, Nairobi, or on its website; the High Court
Go to the official site

Steps

  1. Find the company's Information Access Officer. By law this is the chief executive, or the person in charge of its administration.
  2. Make your request in writing or by speaking to that officer. You can use Form ATI 1, or send it by post, email, the company's website or its official social media account.
  3. If the company refuses or you are unhappy with its decision, apply to the Commission on Administrative Justice (Ombudsman) for a review. You can apply on its website, by email, on its official social media, or deliver a printed copy to its offices.
  4. If you disagree with the Ombudsman's decision, you can appeal to the High Court within 21 days of that decision.

Watch out

  • For information held by a company, the right only covers information you need to use or protect a right. It is a right of citizens.
  • A company can refuse if disclosure would, for example, endanger someone's safety, health or life, unjustifiably invade another person's privacy, substantially harm its commercial interests or intellectual property, damage national security or due process, or break professional confidentiality.

Who this covers

  • Kenyan citizens who need the information to use or protect a right or fundamental freedom.
  • The Access to Information rules name private bodies providing services such as health care, transport, energy, farming, education, water, financial services, hospitality, professional services, private pension schemes, trade unions and media.
  • Everyone also has the right to have untrue or misleading information about them corrected or deleted.
  • The Act covers private bodies that receive public money or resources, carry out public functions or services, or hold exclusive contracts to exploit natural resources (for those funds, functions, services or resources).
  • It also covers any private body holding information of significant public interest about human rights, the environment, public health and safety, corruption or illegal acts, or information that may help you exercise or protect a right.
Official sources (4)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 4 Oct 2026
  2. Access To Information Center ombudsman.go.ke · read 4 Oct 2026
  3. The Access to Information (General) Regulations, 2023 ombudsman.go.ke · read 4 Oct 2026
  4. Access to Information Act, No. 31 of 2016 (Cap. 7M) new.kenyalaw.org · read 4 Oct 2026

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