Schedule (Section 29): CONSEQUENTIAL AMENDMENTS
Navigate Act Document Structure (8 Divisions)
- ↑ Main Table of Contents Index
- Part I: PRELIMINARY
- Part II: RIGHT TO INFORMATION
- Part III: ACCESS TO INFORMATION
- Part IV: REVIEW OF DECISIONS BY THE COMMISSION
- Part V : CONFERMENT ON THE COMMISSION OF OVERSIGHT AND ENFORCEMENT FUNCTIONS AND POWERS
- Part VI: PROVISIONS ON DELEGATED POWERS
- Part VII: MISCELLANEOUS PROVISIONS
- Schedule (Section 29) — Consequential Amendments (Current)
Cross-referenced to Section 29
The written laws identified in the Schedule are amended in the manner identified therein.
1 — Records Disposal Act
(1) This paragraph amends the Records Disposal Act, Cap 14.
(2) Section 2 of the Act is amended by deleting the words "Chief Archivist" wherever they appear and substituting therefor the expression "Kenya National Archives and Documentation Service and the Commission on Administrative Justice".
Summary Interpretation
This amendment updates the Records Disposal Act by replacing references to "Chief Archivist" with the Kenya National Archives and Documentation Service and the Commission on Administrative Justice.
2 — Public Archives and Documentation Service Act
(1) This paragraph amends the Public Archives and Documentation Service Act, Cap 19.
(2) Section 5A of the Act is amended by inserting the following new proviso immediately after the word "public" appearing in the last line of subsection (1)— "Provided that the restriction from circulation shall only related to exempt information provided for in section 6”
(3) The Act is amended in section 6 by deleting subsections (2) and (3). (4) Section 7 of the Act is amended by inserting the expression "in consultation with the Commission on Administrative Justice and" immediately before the words "with the approval of the Minister".
Summary Interpretation
This amendment changes the Public Archives and Documentation Service Act (Cap. 19) in several ways to improve how information is handled and shared. First, it adds a new rule to Section 5A saying that restrictions on sharing public records will only apply to information that is officially exempt under Section 6, meaning most information should remain accessible unless it is clearly protected by law. Second, it removes subsections (2) and (3) of Section 6 entirely, simplifying that part of the law. Finally, it updates Section 7 to require that decisions made under that section must involve consultation with the Commission on Administrative Justice before approval is given by the Minister, adding more oversight and accountability in how decisions are made.
3 — Public Officer Ethics Act, 2003
(1) This paragraph amends the Public Officer Ethics Act, No. 4 of 2003.
(2) Section 41 of the Act is amended by inserting the following proviso immediately after the word "both" appearing in the last line—
"Provided that the provision of this section as to divulging of information without lawful excuse shall only apply to exempt information provided for in section 6."
Summary Interpretation
This amendment changes the Public Officer Ethics Act, 2003 to clarify how confidentiality rules apply. It updates Section 41 by adding a condition that limits when public officers can be punished for sharing information. The new rule states that the restriction on disclosing information without a lawful reason will only apply to information that is officially classified as exempt under Section 6 of the law. In simple terms, it means public officers are mainly protected when handling sensitive or protected information, and not all information is treated the same way under this rule.
4 — Official Secrets Act
(1) This paragraph amends the Official Secrets Act, Cap. 187.
(2) Section 3 of the Official Secrets Act is amended by inserting the following new subsection immediately after subsection (7)—
(8) The provisions of this section shall apply subject to Article 35 of the Constitution and the law relating to access to information.
Summary Interpretation
This amendment updates the Official Secrets Act (Cap. 187) to align it with the Constitution. It adds a new rule to Section 3 stating that the secrecy provisions in the Act must be applied in a way that respects Article 35 of the Constitution, which gives people the right to access information, as well as any laws on access to information. In simple terms, it means government secrecy is not absolute, and it must be balanced with the public’s right to access information where the law allows it.
5 — Statistics Act, 2006
(1) This paragraph amends the Statistics Act, No. 4 of 2006.
(2) Section 11 of the Act be amended by inserting the following new proviso immediately after the word "Act" appearing in the last line— "Provided that the provision of this section as to secrecy shall only apply to exempt information provided for in section 6 of the Freedom of Information Act, 2012."
Summary Interpretation
This amendment changes the Statistics Act, 2006 to clarify how confidentiality works. It updates Section 11 by adding a new condition that limits the secrecy rule. The new rule states that the duty to keep information secret will only apply to information that is officially classified as exempt under Section 6 of the Freedom of Information Act, 2012. In simple terms, it means that not all statistical information must be kept secret—only information that the law specifically protects from public access.