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ACCESS TO INFORMATION CENTRE

The right of every Kenyan citizen to information held by NETFUND and other state entities is enshrined in the constitution. Accordingly every citizen has the right of access to:

  1. information held by the State; and
  2. information held by another person and required for the exercise or protection of any right or fundamental freedom.

In addition, every person has the right to the correction or deletion of untrue or misleading information that affects the person.

NETFUND as a state agency under the Ministry of Environment and Forestry proactively discloses information held by itself. At the same time, NETFUND endeavours to provide access to information on request from citizens.

 

FREQUENTLY ASKED QUESTIONS

What information does NETFUND provide proactively and upon request?

NETFUND provides access to the following information:

  1. The particulars of its organization, functions and duties.
  2. The powers and duties of its officers and employees.
  3. The procedure followed in the decision making process, including channels of supervision and accountability.
  4. Salary scales of its officers by grade.
  5. The norms set by it for the discharge of its functions.
  6. Guidelines used by the entity in its dealings with the public or with corporate bodies, including the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions.
  7. A guide sufficient to enable any person wishing to apply for information under this act to identify the classes of information held by it, the subjects to which they relate, the location of any indexes to be inspected by any person.

 

What information is restricted and may not be provided by NETFUND?

Provision of information to the public is subject to some limitations or restrictions. Provision of access to information shall be limited with respect of information whose disclosure is likely to:

  1. undermine the national security of Kenya;
  2. impede the due process of law;
  3. endanger the safety, health or life of any person;
  4. involve the unwarranted invasion of the privacy of an individual, other than the applicant or the person on whose behalf an application has, with proper authority, been made;
  5. substantially prejudice the commercial interests, including intellectual property rights, of that entity or third party from whom information was obtained;
  6. cause substantial harm to the ability of the Government to manage the economy of Kenya;
  7. significantly undermine a public or private entity's ability to give adequate and judicious consideration to a matter concerning which no final decision has been taken and which remains the subject of active consideration;
  8. damage NETFUND's position in any actual or contemplated legal proceedings; or
  9. infringe professional confidentiality as recognized in law or by the rules of a registered association of a profession.

 

What Policy guides provision of information to the public?

NETFUND Access to Information Policy establishes the a principles governing access to and dissemination of information created, collected, maintained and managed by NETFUND in order to provide the public and staff with access to information.

The Policy was developed in compliance with the Commission on Administrative Justice (CAJ) or ‘Ombudsman’ guidelines for State-owned and private institutions, to set up mechanisms to facilitate access to information held by State and private Institutions is necessary for the exercise of fundamental rights and freedoms. This is to comply with the provisions of the Access to Information Act, No. 31 of 2016.

Download NETFUND Access to Information Policy here

 

How can one request for information?

To request for information, one needs to follow our Access to Information Procedures.

  1. An application to access information shall be made in writing in English or Kiswahili. The applicant shall provide details and sufficient particulars for the NETFUND Information Access Officer to understand what information is being requested.
  2. Where an applicant is unable to make a written request for access to information because of illiteracy or disability, the Officer shall take the necessary steps to ensure that the applicant makes a request in manner that meets their needs.
  3. The Officer shall reduce to writing, in a prescribed form the request made and then furnish the applicant with a copy of the written request.

The prescribed request form for making the application to access information, helps formalize the process. However, this form shall not be such as to unreasonably delay requests or place an undue burden upon applicants. NETFUND will not reject one’s application on the ground only that the applicant has not used the prescribed form.

It is important to note that NETFUND’s Information shall be disseminated taking into consideration the need to reach persons with disabilities, the cost, local language, the most effective method of communication in that local area, and the information shall be easily accessible and available free or at cost taking into account the medium used.

 

 

How long will it take for one to get feedback on my request for information?

The Information Access Officer shall make a decision on an application as soon as possible; ensuring that the request for Information is closed within twenty one days of receipt of the application.

Where the information sought concerns the life or liberty of a person, the Information Access Officer shall provide the information within forty-eight hours of the receipt of the application.

The Information Access Officer to whom a request is made may extend the period for response on a single occasion for a period of not more than fourteen days if—

  1. The request is for a large amount of information or requires a search through a large amount of information and meeting the stipulated time would unreasonably interfere with the activities of the information holder; or
  2. Consultations are necessary so as to comply with the request and the consultations cannot be reasonably completed within the stipulated time.

 

How much does it cost to get access to information held by NETFUND?

NETFUND does not charge a fee to access information. At a minimum, the material that can be disclosed shall be made available:

  1. for inspection by any person without charge;
  2. by supplying a copy to any person on request for which a reasonable charge to cover the costs of copying and supplying them may be made; and
  3.  On the internet ,provided that the materials are held by NETFUND in electronic form.

 

In what circumstances can one’s request for information be turned down?

NETFUND’s provision of access to information shall be limited with respect of information whose disclosure is likely to:

  1. Undermine the national security of Kenya;
  2. Impede the due process of law;
  3. endanger the safety, health or life of any person;
  4. involve the unwarranted invasion of the privacy of an individual, other than the applicant or the person on whose behalf an application has, with proper authority, been made;
  5. substantially prejudice the commercial interests, including intellectual property rights, of that entity or third party from whom information was obtained;
  6. cause substantial harm to the ability of the Government to manage the economy of Kenya;
  7. significantly undermine NETFUND’s ability to give adequate and judicious consideration to a matter concerning which no final decision has been taken and which remains the subject of active consideration;
  8. damage NETFUND's position in any actual or contemplated legal proceedings; or infringe professional confidentiality as recognized in law or by the rules of a registered association of a profession.

Please note that NETFUND is not obliged to supply information to a requester if that information is reasonably accessible by other means.

 

 

What can I do if I my request for information is turned down?

Where the applicant does not receive a response to an application within 21 days, the application shall be deemed to have been rejected. The applicant may appeal through the Commission on Administrative justice on this address;

2nd Floor, West End Towers

Opposite Aga Khan High School, off Waiyaki Way, Westlands
P.O. Box 20414 – 00200 Nairobi
Tel: +254-20-2270000/2303000/2603765/2441211/8030666

Email : info@ombudsman.go.ke

 

Who in NETFUND is responsible for receiving and processing requests for information?

A. The Information Access Officer (the Chief Executive Officer) through the appointed officers is responsible for receiving and processing requests for information relating to NETFUND.

B. The Communications Office acts as the main coordinating office for the implementation, monitoring and reporting for the Information Access Policy.

 

ACCESS TO INFORMATION DOWNLOADS

Access to information Act, No. 31 of 2016

 

NETFUND Access to information policy

 

NETFUND Access to information procedures

 

NETFUND Service Charter

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