No. 31 of 2016
Access to Information
(4) Any person who provides false information maliciously intended to injure
another person commits an offence and is liable, on conviction, to a fine not
exceeding five hundred thousand shillings or to imprisonment for a term not
exceeding three years, or to both.
(5) Disclosure of information under subsection (1) and (2) includes information
on—
(a) violations of the law, including human rights violations;
(b) mismanagement of funds;
(c) conflict of interest;
(d) corruption;
(e) abuse of public office; and
(f) dangers of public health, safety and the environment.
(6) For the purpose of this section, a person is penalized if the person is
dismissed, discriminated against, made the subject of reprisal or other form of
adverse treatment or is denied any appointment, promotion or advantage that
otherwise would have been provided or any other personnel action provided under
the law relating to whistle blower, and the imposition of any such penalty in
contravention of this section shall be actionable as a tort.
(7) Any term of any settlement arising from a claim under this section, insofar as
it purports to impose an obligation of confidentiality on any party to the settlement
in respect of information which is accurate and which was or was proposed to be
disclosed, shall be unenforceable.
(8) In any proceedings for an offence for contravention of any statutory
prohibition or restriction on the disclosure of information, it shall be a defence to
show that—
(a) in the circumstances, the disclosure was in the public interest; and
(b) where the offence is alleged to have been committed by a public
officer or Government contractor and involves the disclosure of
information obtained by the person in the person's position as such,
the defendant had, before making the disclosure, complied with the
provisions of subsection (3).
17. Management of records
(1) In this section, "records" means documents or other sources of information
compiled, recorded or stored in written form or in any other manner and includes
electronic records.
(2) Every public entity shall keep and maintain—
(a) records that are accurate, authentic, have integrity and useable; and
(b) its records in a manner which facilitates the right of access to
information as provided for in this Act.
(3) At a minimum, to qualify to have complied with the duty to keep and maintain
records under subsection (2), every public entity shall—
(a) create and preserve such records as are necessary to document
adequately its policies, decisions, procedures, transactions and other
activities it undertakes pertinent to the implementation of its mandate;
(b) ensure that records in its custody, including those held in electronic
form, are maintained in good order and condition; and