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{
    "id": 663291,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/663291/?format=api",
    "text_counter": 272,
    "type": "speech",
    "speaker_name": "June 9, 2016 SENATE DEBATES 45 Sen. Kanainza",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Temporary Speaker, Sir, looking at this Bill, access to information is a right as stipulated in Article 35 of the Constitution which states:- “Every citizen has the right of access to – (a) information held by the State.” Therefore, the State is supposed to give information to every citizen. Article 35(b) further states:- “(b) Information held by another person and required for the exercise or protection of any right or fundamental freedom.” This information must also be made available. Therefore, access to information becomes a guiding principle that will enable us achieve this part of the Constitution. Clause 3(b) of the Bill requires public entities and private bodies to proactively disclose information that they hold and to provide information on request in line with the constitutional principles. It is, therefore, important that the public is given civic education so that people know that there is a channel that they can follow to enable them get particular information. This also applies to the format or the mode in which they can apply to get this information. I believe this is stipulated in this Bill that will soon become an Act of Parliament. Mr. Temporary Speaker, Sir, Clause 3(d) says:- “Promote routine and systematic information disclosure by public service and private service on constitutional principles relating to accountability, transparency and public participation and access to information.” This is why we sometimes see Kenyans becoming jittery because they get small bits and not full information. For instance, we just read in the newspapers about what is happening to the money that got lost at the National Youth Service (NYS), the Youth Fund and the Euro Bond. It is the responsibility of the State to come out clearly and tell us what is really happening. That way, they will have complied with what is stipulated in this Bill on accountability and transparency. The Bill also fosters public participation in all levels of governance. For us to conclusively discuss and pass this Bill, we must have public participation. We should invite the citizens and other stakeholders to give us their input on how it has been done. Bills are drafted in English and the information is not accessible to all people, especially those who are illiterate. We must put it in a language that is best understood by the people. This Bill provides that the officers who will be employed should be able to help these people in writing properly what their request is and give them feedback at the right time. The Article on correction of information is good because on many occassions a person can be misquoted or “mis-written” in something that was not properly done. It is important for this Bill to provide that personal information that has been written or given out wrongly be amended accordingly. Lastly, we are forming many commissions through Bills that are coming to this House. The Office of the Senate Majority Leader needs to look into where the boards, authorities and commissions will be housed. We should not have many bodies doing the same jobs that are being done at the Ministries. 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"
}