7.Designation of information access officer
(1) A chief executive officer of a public entity shall be an information access officer for purposes of this Act.
(2) A chief executive officer of a public entity may delegate the performance of his or her duties as an information access officer under this Act to any officer of the public entity.
Plain English Summary
This section says that the top boss of any government office is automatically the official worker in charge of sharing records. However, this top boss is allowed to hand over these duties to another worker in the office to do the job for them.
8.Application for access
(1) An application to access information shall be made in writing in English or Kiswahili and the applicant shall provide details and sufficient particulars for the public officer or any other official to understand what information is being requested.
(2) Where an applicant is unable to make a written request for access to information in accordance with subsection (1) because of illiteracy or disability, the information officer shall take the necessary steps to ensure that the applicant makes a request in manner that meets their needs.
(3) The information officer shall reduce to writing, in a prescribed form the request made under subsection (2) and the information officer shall then furnish the applicant with a copy of the written request.
(4) A public entity may prescribe a form for making an application to access information, but any such form shall not be such as to unreasonably delay requests or place an undue burden upon applicants and no application may be rejected on the ground only that the applicant has not used the prescribed form.
Plain English Summary
To ask for information, you must write your request clearly in English or Kiswahili so the worker knows exactly what papers you want. If you cannot write because of a disability or because you never learned to read and write, the office worker must help you by writing down your request and giving you a copy. While an office can have a standard form for requests, the form cannot be too hard to use, and they are not allowed to reject your application just because you did not use their exact paperwork.
9.Processing of application
(1) Subject to section 10, a public officer shall make a decision on an application as soon as possible, but in any event, within twenty-one days of receipt of the application
(2) Where the information sought concerns the life or liberty of a person, the information officer shall provide the information within forty-eight hours of the receipt of the application.
(3) The information officer to whom a request is made under subsection (2) may extend the period for response on a single occasion for a period of not more than fourteen days if—
(a) the request is for a large amount of information or requires a search through a large amount of information and meeting the stipulated time would unreasonably interfere with the activities of the information holder; or
(b) consultations are necessary so as to comply with the request and the consultations cannot be reasonably completed within the stipulated time.
(4) As soon as the information access officer has made a decision as to whether to provide access to information, he or she shall immediately communicate the decision to the requester, indicating—
(a) whether or not the public entity or private body holds the information sought;
(b) whether the request for information is approved:
(c) if the request is declined the reasons for making that decision, including the basis for deciding that the information sought is exempt, unless the reasons themselves would be exempt information; and
(d) if the request is declined, a statement about how the requester may appeal to the Commission;
(5) A public officer referred to in subsection (1) may seek the assistance of any other public officer as the first mentioned public officer considers necessary for the proper discharge of his or her duties and such other public officer shall render the required assistance.
(6) Where the applicant does not receive a response to an application within the period stated in subsection (1), the application shall be deemed to have been rejected.
Plain English Summary
A government worker must answer your request as fast as possible and within 21 days. If the information is needed to save someone's life or protect their freedom, they must give it to you within 48 hours. The worker can take up to 14 more days only if you asked for a huge mountain of files or if they need extra time to talk to other experts first. As soon as a choice is made, the worker must tell you if they have the files, if they are giving them to you, or why they are saying no, along with how you can complain to the Commission if you are unhappy. Finally, workers can ask their coworkers for help, and if you hear absolutely nothing back within the time limit, it means your request was officially turned down.
10.Transfer of application
(1) An information access officer may, not later than five days from the date of receipt of an application, transfer the application or any relevant part of it, to another public entity, if the information requested is held by that other public entity.
(2) Where an application is transferred under subsection (1), an information access officer shall inform the applicant immediately but in any event not later than seven days from the date of receipt of the application, about such transfer.
(3) A public entity to which an application is referred by an information access officer under subsection (1) shall make a decision on the application within twenty-one days from the date that the application was first made.
(4) The provisions of this section shall apply with the necessary modification to an application for access to information that is made to a private body to which this Act applies.
Plain English Summary
If you ask for information from an office that does not have it, the worker can send your request to the right office within five days. They must tell you about this move within seven days of getting your original letter. The new office must still make a decision on your request within 21 days from the very first day you asked. These same rules apply to private companies covered by this law.
11.Providing access to information
(1) Where a decision is taken to provide the information applied for, an information access officer shall send to the applicant a written response within fifteen working days of receipt of the application, advising—
(a) that the application has been granted;
(b) that the information will be contained in an edited copy, where applicable;
(c) the details of any fees or further fees to be paid for access, together with the calculations made to arrive at the amount of the fee;
(d) the method of payment of such fees, if any;
(e) the proposed process of accessing the information once the payment if any is made; and
(f) that an appeal may be made to the Commission in respect of the amount of fees required or the form of access proposed to be provided.
(2) Subject to subsection (3), upon receipt of the fee payable, an information access officer shall provide the information to the applicant or permit the relevant inspection immediately but in any event not later than two working days from the date of receipt of the payment.
(3) Any information to be made accessible to an applicant shall be produced forthwith at the place where it is kept, for inspection in the form in which it is held unless the applicant requests that it be made available in another form and, if it is practicable to do so, such information may be copied, reproduced or used for conversion to a sound transmission at the expense of the applicant.
(4) Where a request for information is to a private body, subsections (1), (2), and (3) shall apply with necessary changes made.
Plain English Summary
When an office decides to give you the information, they must send you a letter within 15 working days to tell you the good news. This letter will explain if any secret parts were removed, how much money you need to pay for copies, how they calculated that cost, and how you can appeal to the Commission if you think the price is unfair. Once you pay the fee, the worker must hand over the files or let you look at them within two working days. You can look at the files for free where they are kept, but if you want them printed or turned into sound clips, you must pay for those extra costs. These same rules also apply when you ask a private company for records.
12.Fees
(1) No fee may be levied in relation to the submission of an application.
(2) A public entity or private body from which an application for access to information has been made may charge a prescribed fee for the provision of the information and the fee shall not exceed the actual costs of making copies of such information and if applicable, supplying them to the applicant.
(3) Subject to subsection (2), the Cabinet Secretary shall make regulations prescribing the fees payable for expenses incurred in providing information to an applicant.
Plain English Summary
It is completely free to send a request for information. An office or company can only charge you for the real cost of printing out the copies and sending them to you. The government minister will also set standard rules and limits on how much these copying costs can be.
13.Correction of information
(1) At the request of the applicant, a public entity or private body shall within reasonable time, at its own expense, correct, update or annotate any personal information held by it relating to the applicant, which is out of date, inaccurate or incomplete.
(2) A request under this section shall be made in writing to the public entity responsible for the maintenance of the record system containing the out of date, inaccurate or incomplete information and shall—
(a) state that it is a request to amend certain personal information relating to the applicant;
(b) specify the personal information that is to be amended indicating how such information is out of date, inaccurate or incomplete; and
(c) specify the remedy sought by the applicant.
Plain English Summary
If an office or company has private information about you that is wrong, old, or missing details, you can write them a letter to fix it. In your letter, you must state that you want to change your details, point out exactly what parts are wrong, and explain how they should fix it. The office must make these corrections quickly and completely for free.