The Access to Information Act, 2016
(2) It shall be a defence to a charge under subsection (1)
that the exempt information disclosed was already in the
public domain at the time of disclosure.
(3) An information access officer who—
(a)
refuses to assist a requester who is unable to write to
reduce the oral request to writing in the prescribed
form and provide a copy to the applicant in
accordance with section 8(2);
(b) refuses to accept a request for information;
(c) fails to respond to a request for information within the
prescribed time; or
(d)
fails to comply with the duty to take reasonable steps
to make information available in a form that is
capable of being read, viewed or heard by a requester
with disability in accordance with section 11(3),
commits an offence and is liable, on conviction, to a fine not
exceeding fifty thousand shillings, or to imprisonment for a
term not exceeding three months, or both.
(4) Any person who —
(a) charges a fee exceeding the actual costs of making
copies of such information and supplying them to the
applicant;
(b) fails to respond to a request for information required
for the exercise or protection of a right in accordance
with the requirements of this Act;
(c) fails to respond to a request to correct personal
information; or
(d) it having been ascertained that information held is out
of date, inaccurate or incomplete, fails within the
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