What penalties apply under the ATI Act (2016)?

Person/Entity 

Section / Sub Section

   Offense

Sentence upon conviction (one or both)

Fine (up to KSh) / Term of imprisonment (not exceeding)

Information Access Officer

Section 28 (3)

Refuse to reduce oral applications into writing.

Refuse to accept an information request.

Failure to respond to information request within the stipulated time.

Failure to provide information that is capable of being read, heard or viewed by an applicant with disability.

50,000 KSh / 3 months

Person

Section 28 (4)

Charging a fee exceeding the actual cost of making copies.

Failing to respond to information required for protection of a right

Failing to respond to a request to correct personal information or to correct, delete, destroy or annotate information within a reasonable time.

100,000 KSh / 6 months

Person

Section 28 (1)

Knowingly disclose information under the exemption clause (unless in public interest).

1,000,000 KSh / 3 years

Person

Section 18

Section 28 (5)

Altering, defacing, concealing or erasing records with intent to prevent disclosure of information.

500,000 KSh / 2 years

Private Body

Section 28 (6)

Failure to make publicly available the name and contact details of the information access officer/s.

500,000 KSh / -

Person

Section 16 (4)

Providing false information intended to injure another person.

500,000 KSh / 3 years

Person

Section 28 (8)

Fails to attend proceedings before the Commission in line with summons issued.

300,000 KSh / 3 months

Causes obstruction or disturbance in the course of proceedings before the Commission.

Person to whom information is disclosed

Section 28 (10)

Conveying to others altered information, conceals some information, misrepresents the information with intent to deceive.

200,000 KSh / 1 year