Section 16, The Public Procurement Act, 2016

(1) Notwithstanding any law to the contrary, no return orother commercially sensitive information collected by the Authority under section 15 shall, subject to subsection (2), be disclosed to any person. (2) The return or other information referred to in subsection (1) may, subject to the directions of the Chief Executive, be disclosed– (a) to any person if required for the performance of that person’s functions under this Act; (b) if required by any law or as evidence in any court of law. (3) Any officer of the Authority who in the course of his employment under this Act– (a) wilfully discloses any classified information or data attained in the cause of such employment to a person not authorised to receive that information. (b) uses information obtained in the course of such employment for the purpose of speculating in any stock, bond or other security or any goods or services, before its release is authorised by the Chief Executive; or (c) otherwise contravenes this section, commits an offence and shall be liable on conviction to a fine not less than Ten million Leones or to imprisonment for a term not less than twelve months or to both such fine and imprisonment. Confidentiality and prohibition of disclosure of information. 18 19 PART III – PROCUREMENT COMMITTEES AND PROCUREMENT UNITS