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No. 2
Appeal to
High Court.
46. The complainant or the public authority may, within fortyfive days, appeal to the High Court for a review of the decision of the
Commission.
Right to Access Information Act
2013
PARTVIII–OFFENCES AND PENALTIES
Offences.
47.
Any person who wilfully –
(a) denies or obstructs the access of any other
person to any record or information contrary
to this Act;
(b) obstructs compliance by a public authority
of any of its obligations under this Act;
(c) interferes with the work of the Commission
or other officer of the Commission;
(d) destroys a record with intent to deny access
to a request made under this Act; or
(e) deliberately conceals or falsifies records or
provides false, misleading, incomplete or
inaccurate information in response to a
request made under this Act,
commits an offence and is liable on conviction to a fine not exceeding
ten million Leones in the case of an individual and one hundred
million leones in the case of a body corporate or to a term of
imprisonment not exceeding one year to both the fine and
imprisonment.
Other
offences.
48. (1) Any person who without reasonable excuse, fails to
supply information requested under this Act, within the period
specified in this Act, commits an offence and is liable on conviction
to a fine not exceeding ten million Leones in the case of an individual
and one hundred million leones in the case of a body corporate or to
a term of imprisonment not exceeding six months or to both the fine
and imprisonment.
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Right to Access Information Act
2013
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(2) Any person who without reasonable excuse, refuses
to accept an application for information requested under this Act,
commits an offence and is liable on conviction to a fine not exceeding
ten million Leones in the case of an individual and one hundred
million leones in the case of a body corporate or to a term of
imprisonment not exceeding six months or to both the fine and
imprisonment.
PART IX–MISCELLANEOUS PROVISIONS
49. (1) The Minister may after consultation with the
Commission by statutory instrument make Regulations for giving
effect to this Act.
Regulations.
(2) Without prejudice to the generality of subsection (1),
the Minister may, after consultation with the Commission, make
Regulations prescribing the following:–
(a) the form of training of information officers;
(b) the form of reports to the Commission under
subsection (4) of section 41;
(c) any notice required by this Act;
(d) any administrative or procedural matter
necessary to give effect to this Act;
(e) the manner in which fees are to be calculated
and the maximum fee under section 6; and
(f) that no fee is to be charged in prescribed
cases.
50. (1) No person shall be penalized in relation to any
employment, profession, voluntary work, contract, membership of
an organization, the holding of any office or in any other way, as a
result of having made or proposed to make a disclosure of information
which the person obtained in confidence in the course of that activity
if the disclosure is one which is in the public interest.
(2) Subject to subsection (3), subsection (1) shall only
apply where the person believes on reasonable grounds that the
information is accurate.
Whistleblower
protection.