24
Right to Information Act, No. 12 of 2016
(b) the failure to obtain a decision on any appeal
made within the time specified for giving the
same under section 31(3), may within two
months of the expiry of the period so specified,
may appeal against that decision or the failure, to the
Commission and the Commission may within thirty days of
the receipt of such appeal affirm, vary or reverse the decision
appealed against and forward the request back to the
information officer concerned for necessary action.
(2) The Commission may admit the appeal after the expiry
of the period of two months if the commission is satisfied
that the appellant was prevented by a reason beyond his or
her control from filing the appeal in time.
(3) The Commission shall give reasons for its decisions
in writing, to the appellant, the information officer and the
public authority concerned.
(4) On appeal, the burden of proof shall be on the public
authority to show that it acted in compliance with this Act
in processing a request.
Appeal may be
made on behalf
of an aggrieved
party.
33. Where the aggrieved party is unable due to any
reason to make an appeal under section 31 or section 32, as
the case may be, such appeal may be made by a person duly
authorized in writing by the aggrieved party to prefer the
same.
Appeals to the
Court of Appeal.
34. (1) A citizen or public authority who is aggrieved
by the decision of the Commission made under section 32,
may appeal against such decision to the Court of Appeal
within one month of the date on which such decision was
communicated to such citizen or public authority.
(2) Until rules are made under Article 136 of the
Constitution pertaining to appeals under this section, the
rules made under that Article pertaining to an application
by way of revision to the Court of Appeal, shall apply in
respect of every appeal made under subsection (1) of this
section.
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