The Access to Information
Bill,2015
22t3
(3) A person convicted of an offence under subsection
(1) shall be liable to a fine not exceeding five hundred
thousand shillings or to imprisonment for a term not
exceeding two years, or to both.
or
19. Where any information provided by a public entity
private body to an applicant under section 11 was
supplied to the public entity or private body by a third
person, the publication to the applicant of any defamatory
matter contained in the information shall be privileged
unless the publication is shown to have been made with
malice.
Defamatory
matter in
information
released.
PART V_ CONFERMENT ON THE COMMISSION
OF OVERSIGHT AND ENFORCEMENT
TUNCTIONS AND POWERS
20. (1) The Commission is hereby granted the powers
of oversight and enforcement of this Act.
Role of the
Commission.
(2) In the performance of its functions under this Act,
the Commission shall be guided by the national values and
principles of the Constitution.
21.(l) The functions of the Commission shall be to(a) investigate, on its initiative or upon complaint
made by any person or group of persons, violation
of the provisions of this Act;
(b) request for and receive reports from public entities
with respect to the irirplementation of this Act and
of the Act relating to data protection and to assess
and act on those reports with a view to assessing
and evaluating the use and disclosure of
information and the protection of personal data;
(c) develop and facilitate public education awareness
and develop programmes on right to access to
information and right to protection of personal
data:
(d) work with public entities to promote the right to
access to information and work with other
regulatory bodies on promotion and compliance
with data protection measures in terms of
legislation:
(e) monitor state compliance with international treaty
obligations relating to freedom of and right of
Functions of the
Commission.