Members of Parliament (MPs) have begun considering a proposed law that would impose tougher rules on the use of WhatsApp and personal email accounts for official government communication in a bid to prevent leaks of classified State information.
Appearing before the committee on July 2, the Bill’s sponsor, Owen Baya, warned that the increasing use of personal email accounts and messaging platforms, such as WhatsApp, for official government business has heightened the risk of sensitive State information being exposed to cyberattacks.
“Why is using personal email dangerous? Because government information can easily be shared or compromised. Personal accounts do not have the security systems that government platforms have,” Baya told the committee.
“Imagine if the Cabinet Secretary for Foreign Affairs or senior Treasury officials conducted official business via personal email or WhatsApp. If those accounts were hacked, confidential government information could easily end up in the wrong hands.”
The proposal, contained in the Access to Information (Amendment) Bill, 2025, was presented to the National Assembly’s Departmental Committee on Communication, Information and Innovation with lawmakers beginning scrutiny of legislation that would establish a comprehensive legal framework for classifying, protecting and declassifying sensitive government information.
MPs Weigh New Law on State Information Classification and Disclosure
The legislator argued that although the Access to Information Act guarantees the public’s right to information, it lacks a comprehensive legal framework governing how State agencies should classify, review, protect and eventually declassify information whose disclosure could compromise national security.
If approved, the Bill would establish, for the first time, clear legal definitions for terms such as classified information, classifying authority, declassification, downgrading and sensitive information.
It would also require all classified records to be properly marked, registered and subjected to periodic review, with automatic declassification after 30 years unless there are lawful grounds to retain their classified status.
The proposal further introduces four levels of classification—Top Secret, Secret, Confidential and Restricted—and creates offences and penalties for the unauthorized disclosure of classified information.
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Government Documents
Committee Chairperson John Kiarie said lawmakers would thoroughly scrutinize the proposal to ensure it strengthens the protection of classified State information without undermining constitutional rights, including the public’s right to access information.
He noted that the committee is already pushing for all government officials to conduct official business exclusively through secure .go.ke email addresses as part of broader efforts to improve cybersecurity within government.
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The committee also heard that cyberattacks targeting government systems have become increasingly frequent, underscoring the need for stronger legal and technological safeguards to protect official information.
Members of the committee urged the Bill’s sponsor to clearly identify the legal gaps the proposed amendments seek to address and explain how the new restrictions would remain consistent with constitutional protections on access to information and media freedom.
Lawmakers observed that the current Access to Information Act does not provide a comprehensive framework for the classification and declassification of government-held information, a gap the proposed legislation seeks to address.
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