The Freedom of Information Bill, 2012 Exempt information. 27. (1) Notwithstanding section 26(1) information, hereinafter referred to as “exempt information”, may be withheld by a public authority where the public authority concerned is satisfied that disclosure of such information is reasonably like to – (a) cause serious prejudice to the national security of Kenya; (b) impede the due process of law or endanger the safety of life of any person or the safety of a rare or endangered species; (c) involve the unwarranted invasion of the privacy of an individual other than the applicant or the person on whose behalf an application on has with proper authority been made; (d) cause serious prejudice to the legitimate commercial or financial interests of that authority or third party from whom information was obtained; (e) cause serious prejudice to the ability of the Government to manage the economy of Kenya. (f) significantly undermine a public authority’s ability to give adequate and judicious consideration to a matter concerning which no final decision has been taken and which remains the subject of active consideration; or (g) damage a public authority’s position in any actual or contemplated legal proceedings by revealing the legal advice which it received in anticipation of or connection with such proceedings. (2) Notwithstatnding the generalty of subsection (1) (a), information relating to national security includes – (a) military plans ,weapon systems or operations; (b) foreign government information;; (c) intelligence activities,sources, methods or cryptology; (d) foreign relations or foreign activities; (e) scientific,technology or economic matters relating to national security; 26

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