New Bill could jail public officers for sharing State secrets on WhatsApp, private emails

Public officers who share official government documents through personal email accounts, WhatsApp or other social media platforms could soon find themselves on the wrong side of the law under a new Bill before Parliament.

If approved, the proposed legislation would make it illegal for government employees to use unofficial communication channels to transmit classified State information. Those found guilty could face a fine of up to Sh1 million, a prison sentence of up to six months, or both.

The Access to Information (Amendment) Bill, sponsored by Deputy Majority Leader Owen Baya, aims to create a clear legal framework for how sensitive government information is classified, handled and protected.

The proposed law would also crack down on public officers who disclose or misuse classified information obtained through their work, publish sensitive government material, or circulate protected documents using unofficial email addresses or telephone numbers.

Appearing before the National Assembly’s Committee on Communication, Information and Innovation, Mr Baya said the Bill introduces four levels of classified information: top secret, secret, confidential and restricted.

Under the proposal, top secret information would cover material whose unauthorised disclosure could cause exceptionally grave damage to Kenya’s national security, public safety or national interests.

Addressing the committee chaired by Dagoretti South MP John Kiarie, Mr Baya argued that while Article 35 of the Constitution guarantees access to information, the current law does not adequately explain how State agencies should protect information that could threaten national security if released.

“This Bill strikes an appropriate balance between the constitutional right of access to information and the need to protect information whose disclosure may undermine national security or the interests of Kenya .It introduces a structured legal framework to ensure that sensitive State information is protected while preserving transparency and accountability,” Mr Baya said.

The Bill also requires all classified information to be clearly marked and entered into an official register, a move intended to improve accountability and prevent arbitrary classification.

Mr Baya said the proposal was prompted by what he described as a worrying trend of both current and former public officers sharing sensitive government documents through social media platforms.

According to the Kilifi North MP, some officials continue releasing privileged State information through television, radio interviews and social media despite having taken an oath of secrecy.

“They obtained these documents because of the privileged positions they held in government, yet they continue to release them after leaving office,” he said.

He also raised concerns over the growing use of private communication channels for official government business.

“We have a situation where people use private emails, WhatsApp or X to transmit official government business and information. While in office, some stole sensitive documents while others continued receiving classified information through their personal email accounts.,” he said.

Mr Baya further claimed that some former public officers keep critical government documents after leaving office before later using the information against the State.

He warned that advances in artificial intelligence have increased the risk of classified government information being hacked or misused, arguing that personal email accounts and messaging platforms are more vulnerable to cyberattacks.

The Bill also seeks to bring Kenya’s public sector information management in line with internationally recognised security standards by introducing clear classification levels and regular reviews.

“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. Importantly, before declassification, authorities must consider whether the public interest outweighs any potential harm to national security, thereby balancing transparency with legitimate security concerns ,” he said.

If the proposals become law, classified information would automatically be declassified after 30 years unless there are legal grounds to keep it protected.

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