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{
    "id": 663244,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/663244/?format=api",
    "text_counter": 225,
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    "content": "When you see the Constitution or Bill of rights use the word, “citizen”, it means those rights specifically can only be enjoyed by the citizens of the Republic of Kenya. For example, the right to run for office is in the Constitution but it is not for every person, it is for every citizen of Kenya. I just wanted to highlight that this is one of the rights that is reserved to citizens of Kenya. Article 35 states:- (1) Every citizen has the right of access to— (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom. (2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person. (3) The State shall publish and publicise any important information affecting the nation. In Article 35, there are two categories; the same right but in terms of beneficiaries, there is a difference. The right to access information is the right of citizens of Kenya but the right to correct erroneous information that exist is the right of any person. It does not have to be a citizen. If for example, there is a person who is not even a citizen and there is information held by a public agency for example, the Criminal Investigations Department (CID), the court, judicial or justice system has a record showing that person has ever been convicted of an offence and it is not true, that person has a right for that information to be deleted and corrected whether or not they are Kenyans. Therefore, there is a difference between the right of asking for information which is for Kenyans and the right of correcting information which is not true which is the right of any person. Having said that, this Bill states that, that right will be enjoyed by the person irrespective of the reason that person gives for seeking the information. In other words, a person cannot be denied access to information held by the State simply because the reason they have given to access that information is this or that way. The reason notwithstanding, they have a right to get that information. Secondly, Clause 4 states that it is immaterial what the views of the public agency that is holding that information has about why the person is asking for information. In other words, it is immaterial whether in the eyes of the public agency holding the information, the information should be given or not or whether the reason for which the information is sought is right or wrong. It does not matter. Mr. Temporary Speaker, Sir, I would also like to highlight Clause 6 on the limitation of this right. It refers to certain limitations. It is quite an extensive provision but allow me to say the following. Rights are not absolute. They can be limited. There is a general provision is Article 24 of our Constitution in the Bill of Rights that says rights may be limited. So is the right to information. It is not absolute. It may be limited. However, the limitation of rights is also not arbitrary. You cannot say this right will be limited anyhow or as long the State think they should limit the right. Under Article 24 of the Constitution, human rights can only be limited by law. There must be a law. Secondly, rights can only be limited to an extent which is reasonable and justifiable in an open and democratic society. You cannot limit rights in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}