The Freedom of Information Bill, 2012
(2) Subsection (1) applies to the public authority and to any
person who is employed by, is an officer of, or is subject to the
direction of, the public authority.
(3) A person convicted of an offence under this section shall be
liable to a fine not exceeding five hundred thousand shillings or
to imprisonment for a term not exceeding two years, or both.
Defamatory matter in
information released.
51. Where any information provided by a public authority to an
applicant under section 29 was supplied to the public authority 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.
Regulations.
52. (1) The Minister may, by regulations, and upon consultations
with the Commission, prescribe anything which may be
prescribed under this Act including –
(a) the designation of any private body or authority or class
of bodies or authorities, to be a public authority or
public authorities for the purposes of this Act;
(b)
the manner in which applications under this Act are to
be made;
(c)
the form in which information requested under this Act
is to be supplied;
(d)
the making of applications for personal information by
representatives of the individual to whom the
information relates;
(e)
the measures which public authorities shall take in order
to assist persons in exercising their rights under this Act;
(f)
the measures which public authorities shall take to
ensure that adequate records are created and maintained
by public authorities;
(g) the procedures that should be followed by a complainant
in asking authority to review any decision or failure to act
before a complaint may be made to the Commission;
(h) a public authority to consult with a third party before
giving access to information obtained by it from that
party;
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