The National Assembly today approved the Access to Information Bill that allows the public to seek for any information from government, and obligates public servants to make sure they provide that information. The bill will also favour journalists, who can now publish secret government information for public interest.
If the government refuses to grant the information, or hides some of the information through redaction or if the public servant asked for specific information charges exorbitant fees, or gives stale information and refuses to update, then the public can report the matter to the Commission on Administrative Justice for review and enforcement orders.
If found guilty, civil servants will be fined up to Ksh500,000 or three years in jail.
If a whistleblower leaks information, and a person requires that information from the government to use in court, work or class, they can argue that the information is already in the public domain and therefore should be released.
The vice chairperson of the Justice and Legal Affairs Committee, Priscilla Nyokabi, is the sponsor of the Bill which now heads to President Uhuru Kenyatta for review. The last-minute changes that the MPs made Thursday include Ksh1 million fine for anyone who leaks classified information that is likely to jeopardise national security, or that which relates to witness protection. There’s also a provision for a maximum jail term of three years.
But the Bill says “it shall be a defence” to say that while the information was classified it had already been leaked and shared widely “in the public domain”. The Bill also gives the government the power to reject any information that will “cause substantial harm to the ability of the government to manage the economy of Kenya” or that which involves “unwarranted invasion of the privacy of an individual… or infringe on commercial interests…”
The good news though is that there is a safety valve to side-step all these provisions by citing public interest. “Despite anything contained in (this law), a public entity or private body may be required to disclose information where the public interest in disclosure outweighs the harm to protected interests,” reads the Bill.
To justify public interest, one will need to show that the information that is being held has to be released to “promote accountability of public entities to the public, ensure the expenditutre of public funds is subject to effective oversight”. Also information to ensure public safety will have to be released upon request. All government information over 30 years old will be up for grabs to anyone interested, unless the State “proves” that the information has to remain classified.
To go around the bureaucracy, the Bill has specific timelines of between 48 hours and 21 days within which the government has to provide information. All accounting officers of government agencies have to hire information officers to ensure the public gets the information, and once a request is made, the public servants must work within the system to ensure the citizen gets the information.
Information that relates to national security includes that on military strategy, doctrine, capability, capacity or deployment; intelligence activities, sources, capabilities, methods or cryptology; and vulnerabilities or capabilities of systems, installations, infrastructure, projects, plans or protection services relating to national security.
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