ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
49. Limitation of right to access to information
Edition: 2022-12-31 · In force
49. Limitation of right to access to information
(1)The right of access to information set out in Article 35(1) and (3) of the Constitution shall be subject to limitation in respect of classified information or information under the custody of the Defence Forces only under the circumstances set out under subsection (2).(2)The limitation referred to under subsection (1) shall be in respect of the right of access to information held by the Defence Forces to the extent of protecting the Defence Forces from—(a)demands to furnish persons with classified information;(b)disclosing and publicising information relating to covert operations of the Defence Forces; or(c)disclosing and publicising information, the disclosure or publication of which would be prejudicial to national security.(3)For purposes of this section "classified information" means any information whose unauthorised disclosure would prejudice national security and includes information on the strategy, doctrine, capability, capacity and deployment.(4)The Cabinet Secretary may by regulations determine the categories of security classification.(5)Categories of classified information may include—(a)"top secret" which means information whose unauthorised disclosure would cause exceptionally grave damage to national security;(b)"secret" which means information whose unauthorised disclosure would cause serious injury to national security;(c)"confidential" which means information whose unauthorised disclosure would be prejudicial to the interest of the State;(d)"restricted" which means information which requires security protection other than that determined to be top secret, secret or confidential.