AGADVOKS GLOBALKENYA · ENGLISH
☰ Menu
Companies Act

816. Protection in relation to certain disclosures: information provided to Attorney-General

Edition: 2024-12-27 · In force

My notebookDiscuss your situation

816. Protection in relation to certain disclosures: information provided to Attorney-General

(1)A person who makes a relevant disclosure is not, only because of that disclosure, liable in proceedings relating to a breach of an obligation of confidence.
(2)A relevant disclosure is a disclosure that complies with the following conditions—
(a)it is made to the Court or the Cabinet Secretary otherwise than in compliance with a requirement made under this Part;
(b)it is of a kind that the person making the disclosure could be required to make under this Part;
(c)the person who makes the disclosure does so in good faith and in the reasonable belief that the disclosure is capable of assisting the Court or Attorney-General for the purposes of the performance of their functions under this Part;
(d)the information disclosed is not more than is reasonably necessary for the purpose of assisting the Court or the Attorney-General for the purposes of the performance of those functions;
(e)the disclosure is not one to which subsection (3) applies.
(3)A disclosure by a person is one to which this subsection applies—
(a)if the disclosure is prohibited by a written law, whenever enacted or made; or
(b)if—
(i)it is made by a person carrying on the business of banking or by a lawyer; and
(ii)it involves the disclosure of information in respect of which the person owes an obligation of confidence in that capacity.
← Previous provisionNext provision →
Source: Kenya Law