Access to Information
No. 31 of 2016
6. Limitation of right of access to information
(1) Pursuant to Article 24 of the Constitution, the right of access to information
under Article 35 of the Constitution shall be limited in respect of information whose
disclosure is likely to—
(a) undermine the national security of Kenya;
(b) impede the due process of law;
(c) endanger the safety, health or life of any person;
(d) involve the unwarranted invasion of the privacy of an individual, other
than the applicant or the person on whose behalf an application has,
with proper authority, been made;
(e) substantially prejudice the commercial interests, including intellectual
property rights, of that entity or third party from whom information was
obtained;
(f) cause substantial harm to the ability of the Government to manage
the economy of Kenya;
(g) significantly undermine a public or private entity's ability to give
adequate and judicious consideration to a matter concerning which
no final decision has been taken and which remains the subject of
active consideration;
(h) damage a public entity's position in any actual or contemplated legal
proceedings; or
(i) infringe professional confidentiality as recognized in law or by the
rules of a registered association of a profession.
(2) For purposes of subsection (1)(a), information relating to national security
includes—
(a) military strategy, covert operations, doctrine, capability, capacity or
deployment;
(b) foreign government information with implications on national security;
(c) intelligence activities, sources, capabilities, methods or cryptology;
(d) foreign relations;
(e) scientific, technology or economic matters relating to national security;
(f) vulnerabilities or capabilities of systems, installations, infrastructures,
projects, plans or protection services relating to national security;
(g) information obtained or prepared by any government institution that is
an investigative body in the course of lawful investigations relating to
the detection, prevention or suppression of crime, enforcement of any
law and activities suspected of constituting threats to national security;
(h) information between the national and county governments deemed to
be injurious to the conduct of affairs of the two levels of government;
(i) cabinet deliberations and records;
(j) information that should be provided to a State organ, independent
office or a constitutional commission when conducting investigations,
examinations, audits or reviews in the performance of its functions;
(k) information that is referred to as classified information in the Kenya
Defence Forces Act; and