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Parliament in session. National Assembly has on August 16, 2016 approved
Senate's amendment to the Access to Information Bill opening government
records to public scrutiny. PHOTO | FILE | NATION MEDIA GROUP
By JOHN NGIRACHU
The National Assembly on Tuesday approved the Senate’s changes
to a Bill meant to open up access to government records and make it
easier to get hold of information previously protected under the veil of
secrecy.
This means that Bill will now be presented to President Uhuru Kenyatta for assent.
The Bill was sponsored by Nyeri Woman Rep Priscilla Nyokabi, who told the Nation on Tuesday that there would not be the usual push and pull between the National Assembly and the Senate as both Houses had agreed on the proposed law.
“Most of what the Senate introduced were clarifications on language as opposed to new principles. There was nothing to disagree on as they were also making sure the legislation is easier to implement. They did a clean-up,” she said.
(Read: Senate approves Bill on access to information)
The Bill is among those with an August 27 deadline, the sixth anniversary of the promulgation of the Constitution.
People who disclose information that is supposed to be kept secret will be liable to a fine of up to Sh1 million or a maximum three years in prison, or both.
This means that Bill will now be presented to President Uhuru Kenyatta for assent.
The Bill was sponsored by Nyeri Woman Rep Priscilla Nyokabi, who told the Nation on Tuesday that there would not be the usual push and pull between the National Assembly and the Senate as both Houses had agreed on the proposed law.
“Most of what the Senate introduced were clarifications on language as opposed to new principles. There was nothing to disagree on as they were also making sure the legislation is easier to implement. They did a clean-up,” she said.
(Read: Senate approves Bill on access to information)
The Bill is among those with an August 27 deadline, the sixth anniversary of the promulgation of the Constitution.
Among
the amendments by the Senate is a provision to have information held by
a public entity or private body provided “expeditiously at a reasonable
cost”.
The Bill strikes a balance between
opening up access to information and protecting that which is considered
too sensitive or of strategic national importance.
The
law encourages proactive provision of information, meaning that
government’s usually dormant websites will be kept updated with
information that should be readily available.
According
to the law, information that could undermine national security,
endanger the life or safety or a person, involve the invasion of
privacy, damage commercial interests or damage the government’s ability
to manage the economy will not be released.
Also
exempt from disclosure is information on military strategy, doctrine,
capacity or deployment, foreign government information with implications
on national security, scientific or economic matters relating to
national security.
But all the information considered important and of public interest will be open to be released to the people. People who disclose information that is supposed to be kept secret will be liable to a fine of up to Sh1 million or a maximum three years in prison, or both.
However, the law provides
protection for whistle-blowers or those who release information they
hold because of their position to the public by stating that they would
not be punished as long as the disclosure is in the public interest.
“A
disclosure which is made to a law enforcement agency or to an
appropriate public entity shall be deemed to be made in the public
interest,” the law states.
CREDIT: NATION MEDIA
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