Terms of Use: Kenya Open Data Portal

General

By using the Kenya ICT Board's web pages, users agree to abide by the conditions specified in this disclaimer notice and/or their contract(s) with us.

Communications via Website

All messages received or sent by us and any continuing electronic mail messages are our property. We shall not be required to answer in a timely fashion or at all any message or other communication received via our website.

Jurisdiction

By using the our web pages or any of our online services, the user agrees to the jurisdiction of the courts of Kenya, and to the application of the Laws of Kenya.

External Links

The Kenya ICT Board is not associated with, nor does it endorse, any external sites to which it links except as explicitly noted within our website.

Trademarks

The name and trademark associated with the Kenya ICT Board, all icons, pictures and illustrations used on this website are, unless where the contrary is expressly stated or implied from the context, the trademarks or service marks or property of the Kenya ICT Board.

Copyright

This website is established by the Kenya ICT Board in collaboration with other government agencies as a collaborative platform for providing free and open access to public information from various government sources. The Kenya ICT Board does not necessarily generate, manage, control or edit all of the information provided on this website. The information is provided by the various government agencies and by the Kenya ICT Board on the understanding that:

  • Public information from all countries and international institutions is part of the common heritage of humanity. Maximizing access to this information promotes human knowledge, welfare and progress;
  • Public information is digital common property and should be accessible to all on a non-profit basis and free of charge;
  • Organizations that publish, manage and disseminate public information and the government bodies that create or control that information should provide access to it so that it can be published by other parties without restrictions.
  • As such, and subject to any minor restrictions that may be imposed by the law of copyright regarding the use of public information, the Kenya ICT Board and the government agencies whose information is provided on this website impose no restrictions to the non-commercial reproduction, re-publication and re-distribution of any information published on its website.

However, third parties who use the information should represent it accurately and duly acknowledge its source. Where any information is presented in a structure and format that is copyrighted by a third party providing a service to the Kenya ICT Board, users are to respect the intellectual property rights of any third party who expressly reserves its copyright in any information, data element, data structure, software program or other property.

FOR GOVERNMENT AGENCIES SUBMITTED INFORMATION FOR THE GOVERNMENT OPEN DATA PORTAL

The right to information has been hailed the fountain from which all other human rights flow. The United Nations recognized the importance of this right and in 1946 the General Assembly in Resolution 59(1) resolved: “Freedom of Information is a fundamental human right and the touchstone for all freedom to which the United Nations in consecrated.”

In its most basic form, a right to information ensures the people of a democracy have the right to demand and receive information from their government and places an additional obligation on the government to pro-actively disclose key information to the public. More progressive freedom of information legislation allows people to secure information from private bodies as well, where it is necessary for the protection or exercise of their rights.

Kenya's Commitments to the Right to Information

Under the Kenyan Constitution 2010, the right to information is enshrined in the Bill of Rights. Article 35 provides that an individual has a 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. It further imposes a duty on the State to publish and publicize any important information affecting the nation.

The African Charter on Human and People’s Rights to which Kenya is a party explicitly recognizes the necessity of a right to information as a cornerstone of another human right i.e. freedom of expression. The Charter provides that: “Every individual shall have the right to receive information. Every individual will have the right to express and disseminate his opinions within the law.”

In addition, Kenya has a commitment to the UN Principles on Freedom of Information enacted in 2000. In support of these principles, the United Nations Special Rapporteur on Freedom of Opinion and Expression clarified that freedom of information under Article 19 of the International Covenant on Civil and Political Rights which Kenya has ratified, imposes “a positive obligation on States to ensure access to information, particularly with regard to information held by Government in all types of storage and retrieval systems.”

Further its United Nation obligations, Kenya’s membership in the Commonwealth requires a practical commitment to democratic principles, including transparency and accountability in Government. Notably, in 1999, the Commonwealth Law Ministers specifically recognized the importance of access to information ad set out the Commonwealth Freedom of Information Principles, which serve as minimum guidelines to Commonwealth countries for enacting legislation. The Principles recognize that “there should be a presumption in favour of disclosure and governments should promote a culture of openness”

TERMS UNDER WHICH GOVERNMENT AGENCIES SUBMIT INFORMATION TO THE GOVERNMENT OPEN DATA INITIATIVE (www.opengov.co.ke)

This website is established by the Kenya ICT Board in collaboration with other government agencies as a collaborative platform for providing free and open access to public information from various government sources. The Kenya ICT Board does not necessarily generate, manage, control or edit all of the information provided on this website. The information is provided by the various government agencies and by the Kenya ICT Board on the understanding that:

  • Public information from all countries and international institutions is part of the common heritage of humanity. Maximizing access to this information promotes human knowledge, welfare and progress;
  • Public information is digital common property and should be accessible to all on a non-profit basis and free of charge;
  • Organizations that publish, manage and disseminate public information and the government bodies that create or control that information should provide access to it so that it can be published by other parties without restrictions.
  • As such, and subject to any minor restrictions that may be imposed by the law of copyright regarding the use of public information, the Kenya ICT Board and the government agencies whose information is provided on this website impose no restrictions to the non-commercial reproduction, re-publication and re-distribution of any information published on its website.

However, third parties who use the information should represent it accurately and duly acknowledge its source. Where any information is presented in a structure and format that is copyrighted by a third party providing a service to the Kenya ICT Board, users are to respect the intellectual property rights of any third party who expressly reserves its copyright in any information, data element, data structure, software program or other property.

Description of Data

All datasets accessed through www.opendata.go.ke are confined to public information and must not contain information prohibited by the Constitution or the laws of Kenya. The supplying Ministry/Department is required to maintain currency with public disclosure requirements.

Privacy

All information accessed through www.opendata.go.ke must be in compliance with current privacy requirements provided for by the Constitution and other relevant statutes.

Data Quality and Retention

All information accessed through www.opendata.go.ke should have undergone internal quality control by the submitting/source agency. As the authoritative source of the information, submitting Departments/Agencies retain version control of datasets accessed through “www.opendata.go.ke”

Secondary Use

Data accessed through “www.opendata.go.ke” do not, and should not, include controls over its end use. However, as the data owner or authoritative source for the data, the submitting Department or Agency must retain version control of datasets accessed. Once the data have been downloaded from the agency's site, the government cannot vouch for their quality and timeliness. Furthermore, the Kenyan Government cannot vouch for any analyses conducted with data retrieved from www.opendata.go.ke.

Citing Data

The agency's preferred citation for each dataset is to be included in its metadata. Users should also cite the date that data were accessed or retrieved from www.opendata.go.ke. Finally, users must clearly state that www.opendata.go.ke and the Kenya ICT Board cannot vouch for the data or analyses derived from these data after the data have been retrieved from www.opendata.go.ke.

Public Participation

In support of the Transparency and Government Open Data Initiative, recommendations from individuals, groups and organizations regarding the presentation of data, data types, and metadata will contribute to the evolution of opendata www.opendata.go.ke

Applicability of this Data Policy

Nothing in this Data Policy alters, or impedes the ability to carry out, the authorities of the Ministries, Departments and Government Agencies to perform their responsibilities under law and consistent with applicable legal authorities, appropriations, and presidential guidance, nor does this Data Policy limit the protection afforded any information by other provisions of law. This Data Policy is intended only to improve the internal management of information controlled by the Executive Branch of the Government and it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by a party against the Government of Kenya, its Departments, Agencies, or other entities, its officers, employees, or agents.