MPs scrutinise Bill to balance access to state Information

The Bill seeks to establish a comprehensive legal framework for classifying, reviewing sensitive information held by State institutions.[Elvis Ogina, Standard]

The National Assembly has begun considering a proposed law that seeks to strengthen the protection of sensitive government information while preserving Kenyans' constitutional right to access public information.

The National Assembly's Departmental Committee on Communication, Information and Innovation, chaired by Dagoretti South MP John Kiarie, held a meeting with Kilifi North MP Owen Baya, the sponsor of the proposed Access to Information (Amendment) Bill, 2025, as lawmakers commenced scrutiny of the legislative proposal.

If enacted, the Bill will establish, for the first time, a comprehensive legal framework for classifying, protecting, reviewing and declassifying sensitive information held by State institutions.

Presenting the proposal, Baya said the legislation seeks to bridge a gap in the current law by balancing the constitutional right to information with the need to safeguard national security.

"This Legislative Proposal seeks to strike an appropriate balance between the constitutional right to access information and the need to protect information whose disclosure could undermine national security or the interests of Kenya," he said.

He noted that although Article 35 of the Constitution guarantees access to information, the existing Access to Information Act offers limited guidance on handling classified government records.

"The current law guarantees access to information but offers limited guidance on how State agencies should classify and protect information whose disclosure could prejudice national security. This Legislative Proposal fills that legislative gap while preserving transparency and accountability," he said.

The proposed law introduces legal definitions such as classified information, sensitive information, declassification and downgrading, while creating four classification levels, top Secret, Secret, Confidential and Restricted.

It also requires classified records to be properly marked, registered and reviewed regularly, with automatic declassification after 30 years unless there are lawful reasons for continued protection.

The Bill further creates penalties for the unauthorized disclosure of classified information.

Baya said the rapid expansion of digital technology and cyber threats has made stronger legal safeguards necessary.

"Government agencies sometimes prefer to stick to the old ways. But cyberspace has expanded, new technologies have emerged and new threats continue to arise. We must respond to these realities," he said.

The legislator warned against government officials conducting official business through personal email accounts and messaging platforms, saying such practices expose sensitive State information to cyber attacks.

"Imagine if the Cabinet Secretary for Foreign Affairs or senior Treasury officials conducted official business via personal email or WhatsApp. If those accounts were hacked, confidential government information could easily end up in the wrong hands," he said.

Kiarie assured that MPs would thoroughly review the proposal while safeguarding constitutional freedoms.

"You are appearing before a battle-hardened Committee. We have handled some of the country's most groundbreaking legislation and we shall work hard to improve your proposal," he said.

He revealed that the committee is already advocating for all public officers to conduct official business exclusively through secure government email addresses.

"We want every government officer to transact official government business on a .go.ke email. The technology already exists. The next step is making it mandatory," he said.