28 Apr 2016 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 6 be amended— (a) in Sub-clause (1), by— (i) deleting paragraph (a) and substituting therefor the following new paragraph— “(a) cause substantial prejudice to the national security of Kenya”; (ii) deleting the words “or endanger the safety of life of any person” in paragraph(b); (iii) inserting the following new paragraph immediately after Paragraph (b)— “(ba) endanger the safety, health or life of any person”; (b) in Sub-clause (2) by inserting the following new paragraph immediately after paragraph (d)— The electronic version of the Official Hansard Report is for ...
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28 Apr 2016 in National Assembly:
“(da) information that by international law, or agreement between States or with an international organisation is required to be kept confidential; (c) by inserting the following new subclause immediately after Sub-clause (4)— “(4A) A public entity is not obliged to supply information to a requester if that information is reasonably accessible by other means”; (d) by deleting Sub-Clause (7).
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28 Apr 2016 in National Assembly:
In sub-Clause 1, I wish to introduce the words “cause a substantial prejudice to the national security of Kenya”. In looking at interpretation, it has become clearly apparent that “cause substantial prejudice” has been interpreted and is a well-known concept. “Undermine in law” is a little bit unclear. So, we are seeking to change the language to “cause substantial prejudice to the national security of Kenya”. Information that can cause substantial prejudice to the national security in Kenya should not be released unless other standards are met. However, at a first instance, information relating to national security that will cause ...
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28 Apr 2016 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I am persuaded that the word “undermine” covers a little bit more than causing substantial prejudice. I want to drop the first amendment on causing substantial prejudice to the national security of Kenya. Anyway there is a part explaining what national security is. I will retain the second amendment on deleting the words “or endanger the safety of life of any person.”
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28 Apr 2016 in National Assembly:
Yes, I will drop a(i) and also the one which the Chairperson of the Committee has raised on the matter of international law on agreement between State parties. The Leader of the Majority Party is also advising that the law on treaties that the House recently passed covers that matter substantially. Let me drop those two and withdraw them.
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28 Apr 2016 in National Assembly:
I will retain parts (ii), (iii) which goes together and then (c) on a requester who is trying to get information already available through other means. I will also retain (d) on clearing and tightening the offences.
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28 Apr 2016 in National Assembly:
Yes (b) on Sub-clause 2.
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28 Apr 2016 in National Assembly:
( Proposed amendment by Hon. (Ms.) Kanyua
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28 Apr 2016 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I beg to move:- THAT, Clause 9 be amended, by— (a) inserting the following new subsection immediately after subsection (2)— “(2A) As soon as the information access officer has made a decision as to whether to provide access to information, he or she shall immediately communicate the decision to the requester, indicating – (a) whether or not the public entity or private body holds the information sought; (b) whether the request for information is approved; (c) if the request is declined the reasons for making that decision, including the basis for deciding that the ...
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