Section 31 of The Banking Act CAP 488: Publication of information

(1) The Central Bank or the Cabinet Secretary may publish in whole or in part, at such times and in such manner as it or he thinks fit, any information furnished to it or him under this Act:
Provided that the information so furnished shall not be published if it would disclose the financial affairs of any person, unless the consent in writing of that person has first been given.
(2) Except as provided in this Act, no person shall disclose or publish any information which comes into his possession as a result of the performance of his duties or responsibilities under this Act and, if he does so, he shall, for the purposes of section 49, be deemed to have contravened the provisions of this Act.
(3) Notwithstanding the provisions of this section—
(a) the Central Bank may disclose any information referred to in subsection (2), including information on anti-money laundering, counter-terrorism financing and countering proliferation financing to any monetary authority, fiscal or tax agency, fraud investigations agency, domestic or foreign counter parts, or the Financial Reporting Centre, where such information is reasonably required for the proper discharge of the functions of the Central Bank under the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A).
(b) the Deposit Protection Fund Board institutions licensed under this Act and institutions licensed under the Microfinance Act (Cap. 493C), institutions licensed under the Sacco Societies (Cap. 490B), institutions registered under the Co-operative Societies Act (Cap. 490), public utility companies and any other institution mandated to share credit information under any written law shall, in the ordinary course of business and in such manner and to such extent as the Cabinet Secretary may, in regulations, prescribe, exchange such information on non-performing loans as may, from time to time, be specified by the Central Bank in guidelines under section 33(4).
(c) the Central Bank and institutions licensed under this Act and institutions licensed under the Microfinance Act (Cap. 493C) may, in the ordinary course of business, in such manner and to such extent as the Cabinet Secretary may, in regulations prescribe, exchange such other information as is reasonably required for the proper discharge of their functions.
(4) Without prejudice to the generality of subsection (3)(b) or (c), regulations under that subsection may provide for the establishment and operation of credit reference bureaus, for the purpose of collecting prescribed credit information on clients of institutions licensed under this Act, and institutions licensed under the Microfinance Act (Cap. 493C), and the Sacco Societies Act (Cap. 490B), and public utility companies and any other institution mandated to share credit information under any written law and disseminating it amongst such institutions for use in the ordinary course of business, subject to such conditions or limitations as may be prescribed.
(5) No duty to which the Central Bank, Kenya Deposit Insurance Corporation, a credit reference bureau, an institution licensed under this Act, or the Microfinance Act (Cap. 493C) or institutions licensed under the Sacco Societies Act (Cap. 490B) institutions registered under the Co-operative Societies
Act (Cap. 490), public utility companies and any institution mandated to share credit information under any written law or their respective officers may be subject, shall be breached by reason of the disclosure, in good faith, of any information under subsection (2), to or by, as the case may be—
(a) the Central Bank;
(b) the Kenya Deposit Insurance Corporation;
(c) an institution licensed under this Act or the Microfinance Act (Cap. 493C);
(d) a credit reference bureau established under subsection (4);
(da) institutions licensed under the Sacco Societies Act (Cap. 490B);
(db) institutions registered under the Co-operative Societies Act (Cap. 490);
(dc) public utility companies;
(dd) any institution mandated to share credit information under any written law;
(e) any person carrying out an inspection under section 32; or
(f) any person, authority, agency or entity referred to in subsection (3)(a) or any other person or authority which may be authorized under any written law or otherwise to share information, in the course of the performance of their duties and no action shall lie against the Central Bank, the Kenya Deposit Insurance Corporation, a credit reference bureau, an institution licensed under this Act or the Microfinance Act (Cap. 493C) or any of their respective officers on account of such disclosure.
(6) Nothing in this Act shall prevent the cross-border sharing of credit information between—
(a) regulators or supervisory authorities and credit reference bureaus or entities performing similar roles;
(b) institutions and credit reference bureaus or entities performing similar roles;
(c) regulators or supervisory authorities and institutions;
(d) institutions:
Provided that—
(i) there is a mutual legal framework for the sharing of credit information; and
(ii) the credit information is required for the discharge of a lawful duty or the performance of a lawful purpose by the person requesting for the information

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