The Access to Information Bill, 2015 2221 MEMORANDUM OF OBJECTS AND REASONS The principal object of this Bill is to give effect to Article 35 of the Constitution and thereby facilitate access to information held by Government Ministries and other public authorities. The Bill recognizes right bestowed on the Kenyan people, and seeks to promote proactive publication, dissemination and access to information by the Kenyan public in the furtherance of this right. It also spells out the mechanisms for ensuring public access to information, as well as the factors that may hinder the right to this access. The Bill is borne of the realization that access to information held by the Government and public institutions is crucial for the promotion of democracy and good access to information as a governance. Part I of the Bill contains preliminary provisions. Part II of the Bill contains provisions on the right to information. Clause 5 obliges a public authority to publish in the public interest information in its possession (proactive disclosure). Clause 6 contains provisions on information which is exempted from disclosure to the public. Part III of the Bill contains provisions on the right of access to information. Clauses 8 and 9 detail the manner in which an application for information is to be made and the manner in which the application is to be processed. Clause 10 provides for the transfer of an application for information from one public authority to another when it becomes apparent that the information applied for is not in the domain of the public authority to which the application is initially made but is in the possession of another authority. Clause 11 accords every person the right to access information in the domain of a public authority. Clause 12 provides that no fee will be levied in respect of information applied for as a general rule, but a public authority is allowed to levy some fee to cater for incidental cost of availing the information applied for, for example, cost of making and supplying copies to an applicant. Clause L3 provides that a person can make an application to a public entity or private body to correct inaccurate personal information in its possession regarding such person. Part IV of the Bill contains provisions on internal review of decisions made by a public entity or private body. Clause 15 provides that the Commission can notify interested parties to a review. Clause L6 provides for the protection of persons who make disclosures that are of public interest. Clause L7 obliges public entities to keep their records in a manner that facilitates the right of access to information while Clauses 18 provides for various offences and penalties.