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    "id": 663288,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/663288/?format=api",
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    "content": "(b) the public entity’s belief as to what are the person’s reason for seeking access” This implies that there will be no environment for making excuses for not releasing information. There will not be information not given because of a particular reason that can be conjured up. You will not have to be blocked from getting specific access. So, you will not have to say: “I want this information for reason one, two, three or four.” Seeking that information is not reason enough to for you not to get information. At least the issue of questions such as: How do you want this information? Is it secretive? How do you want to use it? This is catered for appropriately in Clause 6 which deals with information that cannot be given so that we do not just leave it open for anyone to ask for any information. Mr. Temporary Speaker, Sir, Clause 6 deals with specific areas where information cannot be given especially if it has to do with sensitive issues like military strategies and foreign Government information. However, we must also be careful that we do not tilt information that does not fit in these categories, to fit in these categories so that we are stopped from giving it. Clause 6(1)(a), (b) and (c) states:- “Pursuant to Article 24 of the Constitution, the right of access to information under Article 35 of the Constitution shall be limited in respect of information whose disclosure is likely to- (a) Undermine the national security of Kenya; (b) Impede the due process of law; (c) Endanger the safety, health or life of any person;” Those are the limitations of that particular Clause in terms of the information that is sought. This is very critical. At any one time, the information that is needed should be facilitated; whether it is information on particular aspects such as information about organisations, functions and duties and powers and duties of officers and employers. I will not go through all of them. All this is clearly indicated in Clause 5 which is very detailed. It gives the sort of information that can be given. This is followed by Clause 6, moving to the information that might not be given. An expansion of the same has been done with that Clause. How then does the process of access to information get conducted? In the Commission, which I think is also a wise thing that this Bill has done, one of the Commissioners is delegated as a person who will be specifically in charge of information and giving it. This person is almost like a committee head of sorts who will deal with specific matters on information. However, there is appointment of a Chief Executive Officer (CEO) of a public entity, who will be the point of information. He or she will have a chance and the obligation to give that information. He or she shall be the Information Access Officer. So, the hierarchy is the CEO, another CEO and an Information Access Officer who can actually give that information. However, the CEO also has responsibility where necessary, to delegate to somebody else. So, it does not have to be one particular person who is the Information Access Officer. Others can also be utilized for this particular access. 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"
}