This Legal Notice was repealed on 2023-10-19 by The Access to Information (General) Regulations.
Related documents
- Is repealed by The Access to Information (General) Regulations
LAWS OF KENYA
ACCESS TO INFORMATION ACT
THE ACCESS TO INFORMATION (GENERAL) REGULATIONS, 2023
LEGAL NOTICE 57 OF 2023
- Published in Kenya Gazette Vol. CXXV—No. 122 on 26 May 2023
- Commenced on 3 May 2023
- [Revoked by The Access to Information (General) Regulations (Legal Notice 161 of 2023) on 19 October 2023]
Part I – PRELIMINARY
1. Citation.
These Regulations may be cited as the Access to Information (General) Regulations, 2023.2. Interpretation
In these Regulations, unless the context otherwise requires–"Act" means the Access to Information Act (Cap. 7M);"applicant" means a requester who has made a request for review of a decision of a public entity or private body by the Commission under these Regulations;"Cabinet Secretary" has the meaning assigned to it under the Act;"Chief Executive Officer" has the meaning assigned to it under the Act;"child" has the meaning assigned to it under the Children Act (Cap. 141);"Commission" has the meaning assigned to it under of the Act;"disseminate" means to make known or communicate information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including making the information available for inspection at the offices of any public entity or private body;"incapacitated person" includes any person who is impaired by reason of mental illness or physical illness or disability, chronic use of drugs or chronic intoxication to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions;"information" has the meaning assigned to it under the Act;"information holder" means a public entity or a private body that is the custodian of information required for disclosure or requested to be disclosed under the Act and these Regulations;"information access officer" has the meaning assigned to it under the Act;"personal information" has the meaning assigned to it under the Act;"private body" has the meaning assigned to it under the Act;"procurement records" means the records kept pursuant to section 68 of the Public Procurement and Asset Disposal Act (Cap. 412C);"public entity" has the meaning assigned to it under the Act;"records" has the meaning assigned to it under section 17(1) of the Act; and"requester" means a citizen who has requested access to information from a public entity or private body under the Act and these Regulations."Secretary of children services" means the Secretary of children services appointed under section 37 of the Children Act (Cap. 141);3. Guiding principles.
In the application of these Regulations, the following guiding principles shall apply—4. Objects and purpose of the Regulations.
The objects and purpose of these Regulations is to provide for—Part II – INFORMATION ACCESS OFFICERS
5. Obligations of private bodies.
Within thirty days upon coming into force of these Regulations, every private body shall—6. Information access officer by public entities.
Within thirty days upon coming into force of these Regulations, every public entity shall publish on its website or otherwise make publicly available the name, designation and contact information of the information access officer designated pursuant to section 7 of the Act.7. Delegation by information access officer.
8. Duties of information access officer.
Part III – PROACTIVE DISCLOSURE
9. Scope of proactive disclosure.
10. Obligations of public entities on proactive disclosure.
11. Obligations of private bodies on proactive disclosure.
Part IV – REACTIVE DISCLOSURE
12. Scope of reactive disclosure.
13. Requests for information.
14. Requests on behalf of another person.
15. Processing of request.
In processing a request for information, an information access officer shall–16. Provision of access.
17. Information that cannot be found.
18. Transfer of a request.
19. Deferral of a request.
20. Exemption on fees.
No fee shall be charged –21. Withdrawal of a request.
22. Closure of a request.
23. Access to Information Register.
Part V – MANAGEMENT OF RECORDS
24. Public records management.
Part VI – REVIEW BY THE COMMISSION
25. Application for Review by the Commission.
26. Review procedure for access to information requests.
27. Investigation of complaints relating to section 16 of the Act. No. 23 of 2011.
The Commission shall, within thirty days, investigate any contravention of section 16 of the Act in accordance with Part III of the Commission on Administrative Justice Act, 2011 and the Act.Part VII – OVERSIGHT BY THE COMMISSION
28. Information management portal.
29. Duty to co-operate.
A public entity or private body shall co-operate with the Commission to promote the right to access information and compliance with the Act and these Regulations.30. Compliance with proactive disclosure requirements.
The Commission shall from time to time monitor compliance of public entities and private bodies with the proactive disclosure requirements set out in Part III and section 5 of the Act.31. Reporting.
History of this document
19 October 2023
Repealed by
The Access to Information (General) Regulations
26 May 2023 this version
Commenced
03 May 2023
Commenced
Cited documents 6
Act 6
1. | Companies Act | 1528 citations |
2. | Public Procurement and Asset Disposal Act | 366 citations |
3. | Access to Information Act | 352 citations |
4. | Data Protection Act | 93 citations |
5. | Children Act | 42 citations |
6. | Public Private Partnerships Act | 10 citations |