No. 31 of 2016
Access to Information
(2) It shall be a defence to a charge under subsection (1) that the exempt
information disclosed was already in the public domain at the time of disclosure.
(3) An information access officer who—
(a) refuses to assist a requester who is unable to write to reduce the oral
request to writing in the prescribed form and provide a copy to the
applicant in accordance with section 8(2);
(b) refuses to accept a request for information;
(c) fails to respond to a request for information within the prescribed time;
or
(d) fails to comply with the duty to take reasonable steps to make
information available in a form that is capable of being read, viewed or
heard by a requester with disability in accordance with section 11 (3),
commits an offence and is liable, on conviction, to a fine not exceeding fifty
thousand shillings, or to imprisonment for a term not exceeding three months, or
both.
(4) Any person who—
(a) charges a fee exceeding the actual costs of making copies of such
information and supplying them to the applicant;
(b) fails to respond to a request for information required for the exercise
or protection of a right in accordance with the requirements of this Act;
(c) fails to respond to a request to correct personal information; or
(d) it having been ascertained that information held is out of date,
inaccurate or incomplete, fails within the prescribed time, or within
a reasonable time if no time is prescribed, to correct, destroy or
delete the information, or to attach a statement to the information in
accordance with section 13,
commits an offence and is liable, on conviction, to a fine not exceeding one
hundred thousand shillings, or imprisonment for a term not exceeding six months,
or both.
(5) Any person who is convicted of an offence under section 18(3) after a
request has been made for disclosure of the information in question, with the
intention of preventing the disclosure of that information in response to that request
is liable to a fine not exceeding five hundred thousand shillings or to imprisonment
for a term not exceeding two years, or to both.
(6) Any relevant private body that fails to make publicly available the name and
contact details of its information access officer or officers commits and offence and
is liable on conviction to a fine not exceeding five hundred thousand shillings.
(7) Any relevant private body that is convicted, or any officer of which is
convicted of an offence under this Act, or which, although not convicted is in serious
breach of this Act may, after a fair hearing, be debarred from entering into any
future contract with government under the laws relating to matters of procurement
and disposal.
(8) A person who—
(a) fails to attend before the Commission in accordance with any
summons or order issued under subsection 23(1)(a);
(b) knowingly gives any false or misleading statement of information to
the Commission; or