Access to Information Act

Part VI: PROVISIONS ON DELEGATED POWERS

Navigate Act Document Structure (8 Divisions)

25.Regulations

(1) The Cabinet Secretary may, in consultation with the Commission, make regulations, prescribing anything required by this Act to be prescribed or generally for the better carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), the regulations may provide for—

(a) the manner in which applications under this Act shall be made;

(b) the form in which information requested under this Act shall be supplied;

(c) the making of an application for personal information by representatives of the person to whom the information relates;

(d) the measures to be taken by public entities to facilitate the exercise by persons of their rights under this Act;

(e) the measures to be taken by public entities to ensure that adequate records are created and maintained by the entities;

(f) the procedures for the making of an application by a complainant for the review by the Commission, of a decision made by a public entity relating to access to information;

(g) the procedure to be followed by a public entity in consulting with a third party before giving access to information obtained by it from that party;

(h) the procedures requiring a public entity to ensure that personal information is accurate;

(i) compensation to be sought by an individual who has suffered damage as a result of the holding of inaccurate information about the individual's personal affairs by a public entity;

(j) the records that public entities shall be required to keep; or

(k) such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

(3) For the purposes of Article 94(6) of the Constitution—

(a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations for better carrying into effect the provisions of this Act;

(b) the authority of the Cabinet Secretary to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section;

(c) the principles and standards applicable to the delegated power referred to under this section are those found in—

(i) the Statutory Instruments Act (Cap. 2A);

(ii) the Interpretation and General Provisions Act (Cap. 2);

(iii) the general rules of international law as specified under Article 2(5) of the Constitution; and

(iv)any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.

Plain English Summary

The government minister can work with the Commission to write standard rulebooks that help everyone follow this law correctly. These rules can decide how you fill out forms, how offices give you files, and how your family can ask for your personal information. The rules also set up how offices must keep safe records, how they double-check that your data is correct, and how you can get paid if an office hurts you by keeping wrong details about your life. Finally, the law makes sure the minister stays within their boundaries and only writes rules that match the country's main legal guidelines and international agreements.

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