The National Assembly's Departmental Committee on Communication, Information and Innovation has begun scrutinising a proposed law seeking to strengthen the protection of classified State information while safeguarding Kenyans' constitutional right to access public information.
If enacted, it will establish, for the first time, a comprehensive legal framework for classifying, protecting, reviewing and declassifying sensitive information held by State institutions.
The committee, chaired by John Kiarie, on Thursday heard submissions from Owen Baya, the sponsor of the Access to Information (Amendment) Bill, 2025 (Legislative Proposal), who said the proposal seeks to bridge gaps in the current law governing the protection of sensitive government information.
“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,” Baya told the committee.
He said the existing Access to Information Act guarantees access to information but provides limited guidance on how State institutions should classify and safeguard sensitive information whose disclosure could prejudice national security.
If enacted, the proposal will introduce four levels of classification—Top Secret, Secret, Confidential and Restricted—and require classified records to be properly marked, registered and periodically reviewed before being automatically declassified after 30 years unless there are lawful grounds for continued protection. It also proposes penalties for the unauthorised disclosure of classified information.
Baya said the rapid growth of digital technology had fundamentally changed the risks facing government information, warning that the use of personal email accounts and messaging applications for official communication could expose sensitive State records.
“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.
Committee chairperson John Kiarie assured the sponsor that MPs would thoroughly examine the proposal while ensuring constitutional freedoms remain protected.
“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,” Kiarie said.
Kiarie also revealed that the committee is pushing for all government officers to conduct official business through secure .go.ke email addresses, saying cyberattacks against government systems are “quite rampant.”
“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.
The committee is expected to receive stakeholder submissions before preparing its report advising the Speaker of the National Assembly on whether the legislative proposal should be published as a Bill.
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