NETFUND provides the public access to Information held by itself in line with the provisions of the provisions of the Access to Information Act, No. 31 of 2016.Our Access to Information Policy and Procedures were developed in compliance with the Commission on Administrative Justice (CAJ) or ‘Ombudsman’ guidelines for State-owned and private institutions, for setting up mechanisms to facilitate access to information held by NETFUFND necessary for the exercise of fundamental rights and freedoms.
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:information held by the State; and 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.
As a Fund, we provide a platform for environmental conservationists and funding agents to converse and share bankable ideas. Through our unmatched convening power, we coordinate environmental sector players and create synergy to deliver well researched initiatives competently for effective environmental management in Kenya.
Official operations began in 2006 under the National Environment Management Authority (NEMA). NETFUND became a state corporation independent of NEMA, in 2015 following amendment of the EMCA.
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:
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 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.
To request for information, one needs to follow our Access to Information Procedures.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.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.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.
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—a) 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; orb) Consultations are necessary so as to comply with the request and the consultations cannot be reasonably completed within the stipulated time.
NETFUND does not charge a fee to access information. At a minimum, the material that can be disclosed shall be made available:for inspection by any person without charge;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; andon the internet, provided that the materials are held by NETFUND in electronic form.
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;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;7. 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.
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, WestlandsP.O. Box 20414 – 00200 NairobiTel: +254-20-2270000/2303000/2603765/2441211/8030666Email : firstname.lastname@example.org
The Information Access Officer (the Chief Executive Officer) through the appointed officers is responsible for receiving and processing requests for information relating to NETFUND.The Communications Office acts as the main coordinating office for the implementation, monitoring and reporting for the Information Access Policy.
Download Access to information Policy
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