Skip to main content
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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents