Access to Information Act

This Act may be cited as the Access to Information Act.

Defines "information" to include race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, age, physical, psychological or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the individual.

Purpose: give effect to the right of access to information by citizens as provided under Article 35 of the Constitution.

Public and private bodies holding information must provide access expeditiously and at a reasonable cost; non-disclosure is only allowed where exempted under section 6.

Public entities must disclose detailed information about their organization, functions, decisions, contracts and related materials, publish annual updates, publish facts when formulating policies or projects, provide reasons for decisions, and make information accessible for inspection without charge.

Section 6 lists categories of information that may limit access, provides specific exemptions and exceptions, allows courts to require disclosure when public interest outweighs harm, states that public entities need not supply information reasonably accessible by other means, and presumes information held over thirty years is not exempt unless the entity proves otherwise.

An information access officer may transfer an application to another public entity (if that entity holds the information) not later than five days after receipt; the officer must inform the applicant immediately and in any event within seven days; the receiving public entity must decide within twenty-one days of the original application.

An information access officer must provide requested information to an applicant on receipt of any payable fee and must do so immediately, and in any event within two working days of receiving payment; applicants may copy or reproduce information, if practicable, at their expense.

Section 12 prohibits levying a fee for submitting an application; allows public entities or private bodies to charge prescribed fees for providing information but those fees must not exceed actual copying (and, if applicable, supply) costs; and requires the Cabinet Secretary to make regulations prescribing fees payable for providing information.

At the applicant's request, a public entity or private body must, within reasonable time and at its own expense, correct, update or annotate any personal information it holds about the applicant that is out of date, inaccurate or incomplete; the applicant must state the request, specify the information to be amended and indicate the remedy sought.

The chief executive officer of a public entity is the information access officer.

Applicants must apply in writing in English or Kiswahili with sufficient details; information officers must assist illiterate or disabled applicants, record such assisted requests in a prescribed form and give the applicant a copy; public entities may prescribe application forms but these must not unreasonably delay or burden applicants.

Public officers must decide applications within 21 days; where life or liberty is at stake, the information officer must provide information within 48 hours. Public officers may seek assistance and other public officers must help.

Section 14 lets applicants seek review by the Commission of various types of decisions and requires that an application under subsection (1) be made within thirty days (or a further period the Commission allows) from notification; the Commission may also review refusals to publish required information on its own initiative or on request.

The Commission may give notice to any third party to whom the information relates when reviewing a decision, where necessary, unless steps to locate that third party have been unsuccessful.

Protects persons who make public-interest disclosures from being penalized and treats disclosures to law enforcement or public entities as public interest; requires reasonable belief for disclosures and penalizes malicious false disclosures with fines or imprisonment.

Section 17 defines "records" and sets out management requirements including creating and preserving records, maintaining records in good order, facilitating access, and computerizing record systems within three years.

It is an offence for any person to whom section 18 applies to alter, deface, block, erase, destroy or conceal any record held by a public entity with intent to prevent disclosure of information requested under section 8.

If a public entity or private body publishes defamatory material supplied to it by a third person to an applicant, that publication is privileged unless it was made with malice.

The Commission has oversight and enforcement powers; must be guided by national values and principles; and must designate an Access to Information Commissioner from among the Commissioners.

The Commission has functions including investigating violations, requesting and assessing reports from public entities, developing public education on access and data protection, working with public entities and regulators, monitoring treaty compliance, hearing complaints, promoting data protection, and performing other necessary functions.

Sets how complaints are lodged and gives the Commission discretion to inquire, require information, inform complainants when no action is needed, and initiate inquiries.

Section 23 grants the Commission powers to summon and question persons and to require disclosure, allows appeals to the High Court within 21 days, permits filing and enforcement of Commission orders in the High Court with notice within 30 days, requires public entities and relevant private bodies to provide reports, and enables the Commission to request or compel further information.

Section 24 gives the Commission permission to use public officers or investigation agencies for inquiries, powers to compel evidence (attendance, discovery, requisition of records, taking statements), and requires payment for expenses incurred by such public officers or agencies; it also requires those officers/agencies to investigate and report, and requires the Commission to verify reports and may further inquire.

The Cabinet Secretary may, in consultation with the Commission, make regulations to implement this Act; public entities are required to keep and maintain records and take measures to facilitate rights under the Act.

Requires the Commission to submit an annual report to Parliament; allows the Commission to submit special reports to the Cabinet Secretary; requires the Cabinet Secretary to lay the annual report before Parliament within two months and to report annually on government action implementing the Commission's recommendations.

Reports by public entities: the number of requests for information received by the entity and the number of requests processed;

Section 28 sets out multiple offences and penalties for contraventions of the Act, including fines and imprisonment for knowingly disclosing exempt information and for various failures in responding to information requests, and provides certain defences and sanctions against bodies and officers.