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{
    "id": 652962,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/652962/?format=api",
    "text_counter": 387,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kanyua",
    "speaker_title": "",
    "speaker": {
        "id": 981,
        "legal_name": "Priscilla Nyokabi Kanyua",
        "slug": "priscilla-nyokabi-kanyua"
    },
    "content": "Mediation by the 15A. (1) Upon receipt of a complaint regarding failure to act, or Commission upon request to review a decision under this Act, the Commission shall, if it considers that the complaint or request appears to be well-founded, endeavour to mediate between the person lodging a complaint or requesting for review, and the holder of the information. (2) If the mediation contemplated in Sub-section (1) fails, the Commission may— (a) if satisfied that there has been an infringement of the provisions of this Act, order— (i) the release of any information withheld unlawfully; (ii) payment of compensation; (iii) any other lawful remedy or redress; or, (b) inform the complainant that, in its opinion, the complaint is not sufficiently serious to merit its further action. (3) Before making any order under sub-section (2)(a) the Commission shall give the entity concerned, and the information access officer the opportunity to be heard. (4) For the purposes of this section, the Commission may exercise the powers provided for in section 23. Hon. Temporary Deputy Chairman, mediation by the Commission is sometimes very important. Even before we go to an adversarial mechanism, there needs to be a chance for mediation on matters of information so that, at the first instance, the Commission would call for a mediated process. The reason that this is important is that, sometimes, the officer whose information is requested from might give an answer which is not shared by the ministry or department. So, in the mediation, there is a chance to correct what would ordinarily lead to an adversarial process that takes long. So, this clause seeks to introduce mediation as a process before adversarial."
}