Appearing before the National Assembly Departmental Committee on Communication, Information and Innovation, Baya said the proposed law addresses existing gaps that could expose sensitive government information and compromise the country's security interests.
The committee, chaired by Dagoretti South MP John Kiarie, is considering the Access to Information (Amendment) Bill, 2025.
The Bill is sponsored by Baya, who also serves as the Deputy Majority leader in the National Assembly.
Baya told MPs the amendments are intended to strike a balance between the public's constitutional right to access information and the state's obligation to protect confidential information whose disclosure could endanger national security or public safety.
“The current Access to Information Act guarantees the right to access information under Article 35 of the constitution. However, there is limited guidance on how other state agencies should classify and safeguard information whose disclosure may prejudice national security or the interests of the Republic,” Baya told the committee.
“This Bill therefore introduces a structured legal framework to ensure that sensitive state information is protected while preserving transparency and accountability.”
The Bill proposes stricter safeguards on the release of information relating to national security, defence, intelligence operations, ongoing investigations, critical infrastructure and international relations.
It also seeks to provide clearer criteria for withholding sensitive records, while requiring public entities to justify any refusal to disclose information.
In the Bill, a new Part IIA titled “Protection of Information Held by the State” creates a comprehensive framework governing the classification and management of information held by public entities.
“This empowers designated authorities to classify information where disclosure may threaten national security or the safety and interests of Kenya,” Baya clarified.
The proposal requires all classified information to be properly marked and entered into a register of classified information.
According to Baya, classification promotes accountability and proper record management of information within public entities.
It establishes four levels of classification: top secret, secret, confidential and restricted.
“These categories are based on the degree of harm that unauthorised disclosure may cause to national security or the interests of Kenya. By providing clear classification levels, the Bill aligns public sector information management with internationally recognised security practices,” Baya argued.
He further stated the Bill designates specific officers as classifying authorities to ensure accountability.
They include the Attorney General representing the Executive, the Secretary to the Parliamentary Service Commission for Parliament, the Chief Registrar for the Judiciary, county attorneys for county governments, and chief executive officers for other public entities.
“A key safeguard in the Bill is the requirement that classified information be reviewed every 10 years, with reports submitted to the Commission on Administrative Justice. The Bill further allows declassification or downgrading where information no longer meets the threshold for protection,” Baya stated.
“Before declassification, authorities must consider whether the public interest outweighs any potential harm to national security, thereby balancing transparency with legitimate security concerns.”
Committee chairman Kiarie said they will explore the Bill and consider what is in the interest of the country.
“This is not a committee that will throw the baby out with the bath water. We have to look for a place, or that which will give a spark to the proposals and crack it for the benefit of our country,” Kiarie said.
The proposed legislation further seeks to strengthen procedures for handling requests for information, clarify exemptions under the law and provide a more structured framework for reviewing decisions where access is denied.
