ADVOKS GLOBAL · KENYA
Companies Act
816. Protection in relation to certain disclosures: information provided to Attorney-General
Edition: 2024-12-27 · In force
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.