The Access to Information Act, 2016
(3) A person shall make a disclosure under subsection
(1) or (2) where such person has reasonable belief in the
veracity of the information.
(4) Any person who provides false information
maliciously intended to injure another person commits an
offence and is liable, on conviction, to a fine not exceeding
five hundred thousand shillings or to imprisonment for a term
not exceeding three years, or to both.
(5) Disclosure of information under subsection (1) and
(2) includes information on—
(a)
violations of the law, including human
rights violations;
(b)
mismanagement of funds;
(c)
conflict of interest;
(d)
corruption;
(e)
abuse of public office; and
(f)
dangers of public health, safety and the
environment.
(6) For the purpose of this section, a person is
penalized if the person is dismissed, discriminated against,
made the subject of reprisal or other form of adverse
treatment or is denied any appointment, promotion or
advantage that otherwise would have been provided or any
other personnel action provided under the law relating to
whistle blower, and the imposition of any such penalty in
contravention of this section shall be actionable as a tort.
(7) Any term of any settlement arising from a claim
under this section, insofar as it purports to impose an
obligation of confidentiality on any party to the settlement in
respect of information which is accurate and which was or
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