The Access to Information
Bill, 2015
2221
MEMORANDUM OF OBJECTS AND REASONS
The principal object of this Bill is to give effect to Article 35 of the
Constitution and thereby facilitate access to information held by
Government Ministries and other public authorities. The Bill recognizes
right bestowed on the Kenyan people, and seeks
to promote proactive publication, dissemination and access to information
by the Kenyan public in the furtherance of this right. It also spells out the
mechanisms for ensuring public access to information, as well as the
factors that may hinder the right to this access. The Bill is borne of the
realization that access to information held by the Government and public
institutions is crucial for the promotion of democracy and good
access to information as a
governance.
Part I of the Bill contains preliminary provisions.
Part II of the Bill contains provisions on the right to information.
Clause 5 obliges a public authority to publish in the public interest
information in its possession (proactive disclosure). Clause 6 contains
provisions on information which is exempted from disclosure to the
public.
Part III of the Bill contains provisions on the right of access to
information. Clauses 8 and 9 detail the manner in which an application
for information is to be made and the manner in which the application is to
be processed. Clause 10 provides for the transfer of an application for
information from one public authority to another when it becomes
apparent that the information applied for is not in the domain of the public
authority to which the application is initially made but is in the possession
of another authority. Clause 11 accords every person the right to access
information in the domain of a public authority. Clause 12 provides that
no fee will be levied in respect of information applied for as a general rule,
but a public authority is allowed to levy some fee to cater for incidental
cost of availing the information applied for, for example, cost of making
and supplying copies to an applicant. Clause L3 provides that a person can
make an application to a public entity or private body to correct inaccurate
personal information in its possession regarding such person.
Part IV of the Bill contains provisions on internal review of
decisions made by a public entity or private body. Clause 15 provides that
the Commission can notify interested parties to a review. Clause L6
provides for the protection of persons who make disclosures that are of
public interest. Clause L7 obliges public entities to keep their records in a
manner that facilitates the right of access to information while Clauses 18
provides for various offences and penalties.