Moving select content within Kenya's primary legal database to a subscription-based system
Kenya Law's Proposed Subscription Tier Raises Constitutional Concerns
Kenya Law, a semiautonomous state corporation, has proposed to introduce a subscription tier for advanced legal research tools on its redesigned website. This move could potentially impact the public's access to legal information, raising concerns about Article 35 of the Kenyan Constitution, which guarantees every citizen the right to access information held by the state.
The proposal includes advanced case-law search, a structured Laws of Kenya database, and Kenya Gazette archives, all of which would be accessible only to subscribers. While the primary legal texts and records would remain free, moving these advanced tools behind a paywall could limit the ease of access for ordinary citizens, self-represented litigants, activists, and students.
The proposed subscription tier may face legal challenges in court due to its potential impact on the right of access to information. Some argue that it could breach Article 35, as it might impede meaningful access to vital legal information needed to protect rights and freedoms. However, Kenya Law might argue that the core right of access to information is preserved, as the primary legal texts and records remain accessible.
The subscription tier appears aimed at sustainability for enhanced services rather than a total denial of information. Legal experts and stakeholders are debating whether limiting advanced access tools constitutes a substantial barrier to the exercise of rights or a reasonable operational shift.
Here's a summary of the likely impacts regarding Article 35:
| Aspect | Likely Impact Regarding Article 35 | |------------------------------|-------------------------------------------------------| | Core legal materials | Remain freely accessible (aligned with Article 35) | | Advanced research tools | Moved behind subscription (may limit practical access)| | Users most affected | Legal professionals (likely pay), general public (may face limitations)| | Potential constitutional concern | If paywall impedes meaningful access for citizens’ exercise of rights |
The National Council for Law Reporting (Kenya Law) is a state agency responsible for increasing the visibility of laws, cases, and related legal materials. Kenya Law's database hosts over 293,000 cases from 1930, Kenya Gazette notices from 1989, the Kenya constitution, recent legislation, and official publications.
The survey proposes that the move will help Kenya Law run "in-depth" tools for legal research targeting professionals. However, Mike Olukoye, a Kenyan lawyer, stated that the proposal could be unconstitutional on grounds of discrimination and the right to a fair trial. He expressed that the decision to introduce a paywall is unlikely to happen without a fight.
In conclusion, while Kenya Law’s proposal raises constitutional concerns about equitable access to public legal information, it does not automatically constitute a breach of Article 35 but rather presents an area for careful constitutional scrutiny and potential public debate.
References: [1] TechCabal, 2025-08-15, "Kenya Law mulls moving some content behind a paywall".
The proposed subscription tier by Kenya Law could potentially impact equitable access to legal education-and-self-development resources, given its potential to limit the practical access of advanced research tools for many users, including legal professionals, students, activists, and self-represented litigants. This move raises general-news concerns regarding the implications for Article 35 of the Kenyan Constitution, which guarantees the right to access information held by the state.
The proposed subscription tier may face legal challenges, as some argue that it could breach Article 35 by impeding meaningful access to vital legal information needed for the protection of rights and freedoms. However, the debate remains ongoing as to whether limiting access to advanced legal research tools constitutes a substantial barrier to the exercise of rights or a reasonable operational shift for Kenya Law's sustainability and enhanced services.
