The Freedom of Information Bill, 2012
Exempt information.
27. (1) Notwithstanding section 26(1) information, hereinafter
referred to as “exempt information”, may be withheld by a public
authority where the public authority concerned is satisfied that
disclosure of such information is reasonably like to –
(a) cause serious prejudice to the national security of Kenya;
(b) impede the due process of law or endanger the safety of
life of any person or the safety of a rare or endangered
species;
(c) involve the unwarranted invasion of the privacy of an
individual other than the applicant or the person on whose
behalf an application on has with proper authority been
made;
(d) cause serious prejudice to the legitimate commercial or
financial interests of that authority or third party from
whom information was obtained;
(e) cause serious prejudice to the ability of the Government to
manage the economy of Kenya.
(f) significantly undermine a public authority’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; or
(g) damage a public authority’s position in any actual or
contemplated legal proceedings by revealing the legal
advice which it received in anticipation of or connection
with such proceedings.
(2) Notwithstatnding the generalty of subsection (1) (a), information
relating to national security includes –
(a) military plans ,weapon systems or operations;
(b) foreign government information;;
(c) intelligence activities,sources, methods or cryptology;
(d) foreign relations or foreign activities;
(e) scientific,technology or economic matters relating to national
security;
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