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Kenya Act or statute

Parliament of Kenya

National Intelligence Service Act

This Act may be cited as the National Intelligence Service Act. Section 2 provides interpretive definitions describing activities (including espionage, sabotage, subversion, terrorism, organized crime, and related acts)…

Jurisdiction
Kenya
Structure
82 provisions
Citation
Cap. 206
Dates
As at 31 Dec 2022
More statute details
Dates
As at 31 Dec 2022

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“This Act may be cited as the National Intelligence Service Act.”

This Act may be cited as the National Intelligence Service Act. Section 2 provides interpretive definitions describing activities (including espionage, sabotage, subversion, terrorism, organized crime, and related acts) and actors (foreign government, foreign organisation, foreign person, entity) that are directed against or detrimental to Kenya’s national security or involve threats to persons. Section 3 lists guiding principles the Service must follow (professionalism and discipline; prevent corruption and promote transparency and accountability; comply with constitutional human rights standards; train staff to high competence and integrity and respect rights and dignity; ensure recruitment reflects Kenyan diversity). Section 3(2) limits the exercise of the Service's powers and functions to specified national interests. Section 10 has been repealed by Act No. 19 of 2014, section 53. If the Director-General resigns, they shall cease to hold office one month after the President receives the written notice of resignation.

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Showing 82 of 82 provisions

Provision 47Offence 22Repeal 9Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the National Intelligence Service Act.

Section 1. Short title Section This Act may be cited as the National Intelligence Service Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides interpretive definitions describing activities (including espionage, sabotage, subversion, terrorism, organized crime, and related acts) and actors (foreign government, foreign organisation, foreign person, entity) that are directed against or detrimental to Kenya’s national security or involve threats to persons.

Section 2. Interpretation Section 2(1)(a) are carried on for intelligence purposes; Section 2(1)(a)(i) are carried on for intelligence purposes; Section 2(1)(a)(ii) are carried on for the purpose of affecting economic, social, political or governmental processes; or Section 2(1)(a)(iii) detrimental to national security; or Section 2(1)(b) involve a threat to any person; Section 2(1)(a) a foreign government; Section 2(1)(b) a foreign organization; Section 2(1)(c) a foreign person; or Section 2(1)(d) an entity Section 2(1)(a) any activity relating to espionage, sabotage, subversion, terrorism, organized crime, or intention to commit any such activity which is or may be directed against, or detrimental to the integrity, sovereignty, economic well-being or other national interests of Kenya and includes any other activity performed in conjunction with any activity relating to espionage, sabotage, organized crime, terrorism or subversion; Section 2(1)(b) any activity directed at undermining, or directed at or intended to bring about the destruction or to overthrow by unlawful means of the constitutionally established system of government in the Republic; Section 2(1)(c) any act or threat of violence or unlawful harm that is directed at or intended to achieve, bring about or promote any constitutional, political, industrial, social or economic objective or change in Kenya and includes any conspiracy, incitement or attempt to commit any such act or threat; and Section 2(1)(d) any action or intention of a foreign power within or outside Kenya that is detrimental to national security and is clandestine or deceptive or involves a threat to the well-being of the Republic and its citizens or any other person lawfully resident in Kenya, Section 2(2) Spent . [Act No. 19 of 2014 , s. 49.]
Section 2Verify source
§ 3PRELIMINARY - 3. Guiding principlesProvision

Section 3 lists guiding principles the Service must follow (professionalism and discipline; prevent corruption and promote transparency and accountability; comply with constitutional human rights standards; train staff to high competence and integrity and respect rights and dignity; ensure recruitment reflects Kenyan diversity). Section 3(2) limits the exercise of the Service's powers and functions to specified national interests.

Section 3. Guiding principles Section 3(1)(a) strive to achieve the highest standards of professionalism and discipline amongst its members; Section 3(1)(b) prevent corruption and promote and practice transparency and accountability; Section 3(1)(c) comply with the constitutional standards of human rights and fundamental freedoms; Section 3(1)(d) train its staff to the highest possible standards of competence and integrity and to respect rights and fundamental freedoms and dignity; and Section 3(1)(e) ensure that recruitment to the Service reflects the diversity of the Kenyan people in equitable proportions. Section 3(2) The powers and functions of the Service are to be exercised and performed only in the interests of national security, Kenya’s foreign relations or national economic well-being.
Section 3Verify source

Part II

COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE

§ 10COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 10.[Repealed by ActNo. 19 of 2014, s. 53.]Repeal

Section 10 has been repealed by Act No. 19 of 2014, section 53.

Section 10.[Repealed by ActNo. 19 of 2014, s. 53.]
Section 10Verify source
§ 11COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 11. VacancyProvision

If the Director-General resigns, they shall cease to hold office one month after the President receives the written notice of resignation.

Section 11. Vacancy Section 11(1)(a) dies; Section 11(1)(b) resigns by notice, in writing, to the President; or Section 11(1)(c) is removed by the President. Section 11(2) Where the Director-General resigns from office, he or she shall cease to hold office one month after receipt by the President, of the written notice of resignation. [Act No. 19 of 2014 , s. 54.]
Section 11Verify source
§ 12COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 12. Temporary incapacityProvision

If the Director-General cannot perform duties due to temporary incapacity or another reason, the President must appoint one of the Directors to act in the Director-General's place; the appointed person may not act for more than six months. "Temporary incapacity" means inability to carry out duties due to illness or other incapacity lasting continuously for not less than three months.

Section 12. Temporary incapacity Section 12(1) Where the Director-General is unable to perform the functions of the office as a result of temporary incapacity or any other reason, the President shall appoint one of the Directors to act in place of the Director-General. Section 12(2) A person appointed under subsection (1) shall not act in that position for more than six months. Section 12(3) In this section, temporary incapacity means any inability to carry out duties under the Act or other written law due to an illness or other incapacity lasting continuously for a period of not less than three months.
Section 12Verify source
§ 13COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 13. Remuneration and other benefitsProvision

The Salaries and Remuneration Commission must set and regularly review the remuneration and other benefits of the Director-General.

Section 13. Remuneration and other benefits Section The remuneration and other benefits of the Director-General shall be set and regularly reviewed by the Salaries and Remuneration Commission.
Section 13Verify source
§ 14COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 14. Divisions of the ServiceProvision

Creates an internal intelligence division responsible for gathering domestic intelligence.

Section 14. Divisions of the Service Section an internal intelligence division which shall be responsible for gathering domestic intelligence;
Section 14Verify source
§ 15COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 15. DirectorsOffence

Divisions are headed by Directors appointed by the Director‑General in consultation with the Council; Directors must meet listed qualifications and certain persons are disqualified; recruitment must comply with Article 232(g)-(i); Directors are administrative heads but subject to the Director‑General.

Section 15. Directors Section 15(1) A division of the Service shall be headed by a Director appointed by the Director-General in consultation with the Council. Section 15(2)(a) is a citizen of Kenya; Section 15(2)(b) holds a degree from a university recognized in Kenya; Section 15(2)(c) has knowledge and at least seven years experience in intelligence or national security; Section 15(2)(d) has served in a senior management position in the Service or government for at least five years; and Section 15(2)(e) meets the requirements of Chapter Six of the Constitution. Section 15(3)(a) is a member of Parliament, a member of a county assembly, a governor or a deputy governor; Section 15(3)(b) has, in the immediate preceding period of five years, served as a member of Parliament, member of a county assembly, a governor or a deputy governor, a trade union official or held office in a political party; Section 15(3)(c) holds dual citizenship; Section 15(3)(d) has been convicted of a criminal offence and has been sentenced to imprisonment for a term exceeding six months without an option of a fine; or Section 15(3)(e) has previously been removed from office for contravening the provisions of the Constitution or any other written law. Section 15(4) In the recruitment of Directors, the Director-General and the Council shall comply with Article 232(g), (h) and (i) of the Constitution. Section 15(5) A Director shall be the administrative head of a division but shall be subject to the direction and control of the Director-General.
Section 15Verify source
§ 16COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 16. Other members of the ServiceProvision

The Council must appoint members of the Service as needed; the Director-General may request secondment of public officers; seconded public officers are regarded as members and subject to the Director-General's operational control.

Section 16. Other members of the Service Section 16(1) The Council shall appoint such number of members of the Service as may be necessary for the proper and efficient discharge of the functions of the Service. Section 16(2) The Director-General may, in consultation with the Council, request for a public officer to be seconded or temporarily attached to the Service from either level of government for a specific period of time and on such terms and conditions as may be agreed upon between the Director-General and the seconding body. Section 16(3) For the purposes of this Act, a public officer who is seconded to the Service under subsection (2) shall be regarded as a member of the Service and be subject only to the operational control and direction of the Director-General.
Section 16Verify source
§ 17COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 17. Security screening of members of the ServiceProvision

The Director-General may, after evaluating gathered information, issue, degrade, withdraw or refuse to grant security clearance.

Section 17. Security screening of members of the Service Section 17(1)(a) information regarding that person has been gathered in the prescribed manner, in a security screening investigation by the Service; and Section 17(1)(b) the Service, after evaluating the gathered information, is of the reasonable opinion that such a person may be appointed as a member without the possibility of such a person being a security risk or acting in any way prejudicial to national security. Section 17(2)(a) criminal records; Section 17(2)(b) financial records; Section 17(2)(c) personal information; and Section 17(2)(d) any other information which is relevant to that determination of the security clearance of the person. Section 17(3)(a) polygraph testing or any other method of testing; Section 17(3)(b) the level of security clearance; and Section 17(3)(c) the criteria for evaluating the security competency. Section 17(4) The Director-General may, after evaluating the information gathered under this section, issue, degrade, withdraw or refuse to grant security clearance.
Section 17Verify source
§ 18COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 18. Functions and powers of members of the ServiceProvision

Members of the Service must perform functions and duties assigned by this Act or other written law, obey lawful orders from authorised persons, be considered on duty when required to act, and have all powers necessary to perform their functions wherever deployed.

Section 18. Functions and powers of members of the Service Section 18(1)(a) perform the functions and duties assigned to the member by or under this Act or any other written law; and Section 18(1)(b) obey lawful orders and directions which he or she may from time receive from a person having the authority to give such directions. Section 18(2) A member of the Service shall for purposes of this Act be considered to be always on duty when required to act as such, and shall perform the duties and exercise the powers granted to him or her under this Act or any other written law at any place where he or she may be deployed. Section 18(3) A member of the Service shall have all the powers necessary for the performance of the functions of the Service under this Act, and may exercise such powers as are conferred on him or her by or under this Act or any other written law.
Section 18Verify source
§ 19COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 19. Oaths and affirmationsProvision

The oath binds the Director-General and every member of the Service during and after expiry or termination of their employment or engagement; the Director-General takes the oath before the President, and every other member takes the oath before the Director-General.

Section 19. Oaths and affirmations Section 19(1)(a) in the case of the Director-General, before the President; and Section 19(1)(b) in the case of every other member of the Service, before the Director-General. Section 19(2) The oath shall bind the Director-General and every member of the Service during and after expiry or termination of employment or engagement with the Service.
Section 19Verify source
§ 20COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 20. Certificate of appointmentProvision

Director-General must issue appointment certificates to members; Director-General may prescribe the form by Gazette notice; members must produce the certificate on request; members may carry and use official firearms when necessary and approved by the Director-General.

Section 20. Certificate of appointment Section 20(1) The Director-General shall cause to be issued to a member of the Service on appointment, a certificate of appointment. Section 20(2) The certificate of appointment shall be in such form as the Director-General may prescribe by notice in the Gazette . Section 20(3) A member of the Service shall produce the certificate of appointment issued under subsection (1) on being requested to do so by any person in relation to whom that officer is exercising or is about to exercise a power conferred by this Act. Section 20(4) A member of the Service may, where necessary for the performance of his or her functions under this Act and with approval of the Director-General, carry and use an official firearm.
Section 20Verify source
§ 21COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 21. Scheme of serviceProvision

Lists matters covered by the service scheme: appointments, confirmation of appointments, promotions, resignations, retirements and termination of appointment.

Section 21. Scheme of service Section appointments, confirmation of appointments, promotions, resignations, retirements and termination of appointment;
Section 21Verify source
§ 22COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 22. Pension scheme and other benefitsProvision

Establishes a pension scheme for the members of the Service.

Section 22. Pension scheme and other benefits Section a pension scheme for the members of the Service; and
Section 22Verify source
§ 23COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 23. Disciplinary CodeOffence

Section 23 defines the disciplinary code: it enables prescription of disciplinary offences, provides for investigation, hearing, determination and appeals of disciplinary cases, authorises delegation of disciplinary powers by the Director-General to any Director or member of the Service, and lists possible sanctions including dismissal, retirement in the public interest, reduction in rank, reprimand, admonition, stoppage of salary increments, fines, recovery of costs for loss or damage to Service property, and recovery of misused public funds.

Section 23. Disciplinary Code Section 23(1)(a) prescribe disciplinary offences; Section 23(1)(b) provide for the investigation, hearing and determination of disciplinary cases and the hearing of any appeals therefrom; and Section 23(1)(c) provide for the delegation by the Director-General to any Director or a member of the Service of such disciplinary powers as he or she may consider necessary. Section 23(2)(a) dismissal from the Service; Section 23(2)(b) retirement in public interest; Section 23(2)(c) reduction in rank or grade as the case may be; Section 23(2)(d) reprimand; Section 23(2)(e) admonition; Section 23(2)(f) stoppage of salary increments; Section 23(2)(g) fines; Section 23(2)(h) recovery of the cost or part thereof in respect of any loss or damage to the property of the Service caused by the default or negligence of any member of the Service subject to disciplinary proceedings where such recovery has not been effected through any other lawful Government procedure; and Section 23(2)(i) recovery of any loss of public funds used contrary to the law from a member of the Service who approves the use of the public funds, whether the person remains the holder of the office or not.
Section 23Verify source
§ 24COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 24. Code of Conduct and EthicsProvision

Section 24 lists topics in a Code of Conduct and Ethics and states that members of the Service are bound by the Public Officers Ethics Act (Cap. 183) or any other written law on ethics and integrity for public officers.

Section 24. Code of Conduct and Ethics Section 24(1)(a) professional conduct; Section 24(1)(b) political neutrality; Section 24(1)(c) conflict of interest; Section 24(1)(d) conduct of private affairs; Section 24(1)(e) dealings with foreigners; and Section 24(1)(f) submission of declarations. Section 24(2) For the avoidance of any doubt, members of the Service are bound by the Public Officers Ethics Act (Cap. 183) or any other written law regulating matters of ethics and integrity issues for public officers.
Section 24Verify source
§ 25COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 25. Information to members of the ServiceProvision

The Director-General must ensure that the code of conduct and related rules and information are made available to members of the Service.

Section 25. Information to members of the Service Section The Director-General shall ensure that the code of conduct and ethics, disciplinary code and other rules, regulations, guidelines or information relating to and affecting members of the Service are made available to the members of the Service.
Section 25Verify source
§ 26COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 26. Mechanism for determination of grievancesProvision

The Director-General must establish procedures to consider and adjudicate grievances relating to members of the Service.

Section 26. Mechanism for determination of grievances Section The Director-General shall establish procedures for the consideration and adjudication of grievances in relation to members of the Service.
Section 26Verify source
§ 4COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 4. Composition of the ServiceProvision

Section 4 sets out the composition of the National Intelligence Service, who is in it (Director-General, Directors, other members), appointment responsibilities, requirements for gender, regional balance and ethnic diversity, and a Director-General duty to adopt measures to realize Article 27.

Section 4. Composition of the Service Section 4(1) The National Intelligence Service established under Article 242(1) of the Constitution shall be a disciplined civilian service. Section 4(2)(a) the Director-General appointed under section 7 ; Section 4(2)(b) the Directors appointed under section 15 ; and Section 4(2)(c) such other members of the Service appointed under section 16 . Section 4(3) The Service shall consist of such maximum number of members as shall be determined from time to time by the Council in consultation with the Director-General. Section 4(4) In appointing a person as the Director-General, the President and the National Assembly, shall observe the provisions of Article 73(2)(a) of the Constitution. Section 4(5) In appointing persons as members of the Service, the Director-General and the Council shall ensure that the composition of the Service meets the gender requirement under Article 27 of the Constitution and shall observe the principle of regional balance and ethnic diversity of the people of Kenya. Section 4(6) The Director-General shall formulate and adopt administrative measures and affirmative action programs to ensure the realization of Article 27 of the Constitution. [Act No. 19 of 2014 , s. 50.]
Section 4Verify source
§ 5COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 5. Functions of the ServiceOffence

The Service must perform the functions listed in subsection (1); members of the Service must not carry out the activities listed in subsections (3) and (5); contravention of subsections (3) and (5) is an offence punishable by a fine not exceeding five million shillings or imprisonment for up to ten years or both.

Section 5. Functions of the Service Section 5(1)(a) gather, collect, analyse and transmit or share with the relevant State agencies, security intelligence and counter intelligence; Section 5(1)(b) detect and identify threats or potential threats to national security; Section 5(1)(c) advise the President and Government of any threat or potential threat to national security; Section 5(1)(d) safeguard and promote national security and national interests within and outside Kenya; Section 5(1)(e) gather, evaluate and transmit departmental intelligence at the request of any State department or organ, agency or public entity; Section 5(1)(f) regulate, in co-operation with any State department or agency, the flow of security intelligence between the Service and that State department or agency; Section 5(1)(g) for persons seeking to hold a vettable position; Section 5(1)(g)(i) for persons seeking to hold a vettable position; Section 5(1)(g)(ii) for persons seeking to be registered as a citizen of Kenya; Section 5(1)(g)(iii) for foreign institutions seeking documents or seeking to undertake any activity in the Republic which may have a bearing on national security; or Section 5(1)(g)(iv) as may be required under any written law; Section 5(1)(h) carry out protective and preventive security functions within State departments, agencies, facilities and diplomatic missions; Section 5(1)(i) safeguard information systems and processes within State departments or agencies; Section 5(1)(j) support and aid law enforcement agencies in detecting and preventing serious crimes and other threats to national security; Section 5(1)(k) commission research relevant to the protection and promotion of national security; Section 5(1)(l) make recommendations to the National Security Council on policies concerning security intelligence; Section 5(1)(m) make recommendations to the President, National Security Council and the Cabinet Secretary on policies concerning security measures which need to be taken by a State department or agency; and Section 5(1)(n) obtain, in accordance with the Constitution, this Act or any other written law, intelligence about the activities of foreign interference and capabilities, intentions or activities of people or organizations outside Kenya; Section 5(1)(o) liaise with intelligence or security services, agencies or other authorities in other countries; Section 5(1)(p) co-operate with and assist other national security organs or agencies in the exercise of their powers and discharge of their functions; Section 5(1)(q) provide material support, advice and assistance to State offices, State departments and public entities on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; Section 5(1)(r) to advise county governments on appropriate security and intelligence matters; and Section 5(1)(s) subject to the provisions of the Constitution and any other written law, perform such other duties and functions as may, from time to time, be determined by the President to be in the national interest. Section 5(2)(a) depriving any person or authority any power, duty or function conferred upon that person or authority under the Constitution or any other written law; or Section 5(2)(b) limiting the performance of an intelligence related function by a State organ, department or agency. Section 5(3)(a) carry out police functions; Section 5(3)(b) undertake paramilitary activities; Section 5(3)(c) commit an act of violence against a person; or Section 5(3)(d) undertake any activity for the purpose of furthering the interests of a political party or political organisation whether within or outside Kenya. Section 5(4)(a) the provision of firearms or training in the use of firearms in accordance with the First Schedule; Section 5(4)(b) the Service from obtaining intelligence and communicating any such intelligence that is relevant to serious crime to the appropriate law enforcement authorities; or Section 5(4)(c) members of the Service from performing the functions and exercising powers conferred by this Act or any written law. Section 5(5)(a) act in a partisan manner; Section 5(5)(b) further the interest of any political party or cause; or Section 5(5)(c) prejudice a political interest or political cause that is legitimate under the Constitution. Section 5(6) A member of the Service who contravenes subsections (3) and (5) commits an offence and shall on conviction, be liable to a fine not exceeding five million shillings or imprisonment for a term not exceeding ten years or to both. [Act No. 19 of 2014 , s. 51.]
Section 5Verify source
§ 6COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 6. Powers of the ServiceOffence

The Service has all powers necessary or expedient to perform its functions under the Constitution, this Act or any other written law; specific powers include information gathering and storage, cooperation with persons or bodies, monitoring emissions, and safeguarding national interests. Members who exercise powers contrary to this section commit an offence with penalties on conviction.

Section 6. Powers of the Service Section 6(1) The Service shall have all the powers necessary or expedient for the performance of its functions under the Constitution, this Act or any other written law. Section 6(2)(a) investigate, gather, collate, correlate, evaluate, interpret, disseminate and store information which is relevant in the performance of its functions, under this Act, whether within or outside Kenya; Section 6(2)(b) co-operate with or enter into arrangements with any person, body, organization or authority for the performance of its functions under this Act; Section 6(2)(c) monitor and record electromagnetic emissions, acoustic emissions and other emissions subject to section 42 ; and Section 6(2)(d) take steps and measures to safeguard and promote national interests. Section 6(3)(a) for the purpose of detecting and identifying any threat or potential threat to national security; Section 6(3)(b) for the purpose of safeguarding and promoting national security and national interests; or Section 6(3)(c) for the purpose of ensuring the enjoyment of the rights and fundamental freedoms by an individual in so far as they do not prejudice the rights and fundamental freedoms of others. Section 6(4) A member of the Service who exercises powers contrary to the provisions of this section commits an offence and shall on conviction be liable, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years or to both.
Section 6Verify source
§ 6ACOMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 6A. Stoppage and detentionOffence

Section heading: "Stoppage and detention".

Section 6A. Stoppage and detention Section witnesses engaging in a serious offence; or
Section 6AVerify source
§ 7COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 7. Director-GeneralProvision

The President nominates and, with National Assembly approval, appoints the Director-General; the National Assembly must consider and approve or reject nominees and notify the President; if approved the President must appoint within seven days; if the Assembly neither approves nor rejects within sixty days the nominee is deemed approved.

Section 7. Director-General Section 7(1) There shall be a Director-General of the Service who shall, with the approval of the National Assembly, be appointed by the President. Section 7(2) The President shall nominate a person for appointment as the Director-General and submit the name of the nominee to the National Assembly. Section 7(3)(a) consider the suitability of the nominee; Section 7(3)(b) either approve or reject the nominee for appointment; and Section 7(3)(c) the Speaker shall notify the President of the decision of the National Assembly. Section 7(4) If the National Assembly approves the nominee, the President shall, within seven days after receiving the notification to that effect, appoint the nominee as the Director-General. Section 7(5) If the National Assembly rejects a nominee submitted by the President, the National Assembly shall request the President to submit a new nominee and the provisions of this section shall apply with necessary modifications with respect to the new nominee. Section 7(6) If, after the expiry of a period of sixty days from the date of the nomination of a person for appointment as a Director-General under subsection (2), the National Assembly has neither approved nor rejected the nomination of the person, the nominee shall be deemed to have been approved by the National Assembly.
Section 7Verify source
§ 8COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 8. Qualifications of the Director-GeneralOffence

Lists qualifications required for and disqualifications from appointment as the Director-General.

Section 8. Qualifications of the Director-General Section 8(1)(a) is a citizen of Kenya; Section 8(1)(b) holds a degree from a university recognized in Kenya; Section 8(1)(c) has knowledge and at least fifteen years experience in intelligence or national security; Section 8(1)(d) has served in a senior management position in the Service or public service for at least ten years; and Section 8(1)(e) meets the requirements of Chapter Six of the Constitution. Section 8(2)(a) is a member of Parliament, a member of a county assembly, a governor or a deputy governor; Section 8(2)(b) has, in the immediate preceding period of five years, served as a member of Parliament, a member of a county assembly, a governor, a deputy governor, a trade union official or held an office in a political party; Section 8(2)(c) holds dual citizenship; Section 8(2)(d) has been convicted of a criminal offence and has been sentenced to imprisonment for a term exceeding six months without an option of a fine; Section 8(2)(e) has previously been removed from office for contravening the provisions of the Constitution or any other written law; or Section 8(2)(f) is an undischarged bankrupt.
Section 8Verify source
§ 9COMPOSITION, FUNCTIONS, POWERS AND ADMINISTRATION OF THE SERVICE - 9. Functions and powers of the Director-GeneralProvision

Section 9 sets out functions and powers of the Director-General, including responsibilities for management, operational control, advising and reporting on national security, protecting classified information, participating in intelligence policy, ensuring resource use and training, and other lawful functions; it also grants the Director-General powers, permits delegation in writing, and preserves the Director-General's ability to exercise delegated powers personally.

Section 9. Functions and powers of the Director-General Section 9(1)(a) be responsible for the overall, management and administration of the Service; Section 9(1)(b) be responsible for the overall operational control of the Service; Section 9(1)(c) be the principal advisor to the President and Government on national security based on security intelligence and counter intelligence to enhance national security; Section 9(1)(d) report to the President, the National Security Council and the Cabinet Secretary on threats and potential threats to national security and national interests as is appropriate; Section 9(1)(e) take all necessary steps to ensure that the actions of the Service are limited to what is necessary for the proper performance of its functions under the Constitution, this Act or any other written law and that no information is gathered or disclosed by the Service except in so far as may be necessary for the proper performance of its functions; Section 9(1)(f) ensure that the Service is not, in the performance of its functions, influenced by considerations not relevant to such functions and that no act is performed that could give rise to any reasonable suspicion that the Service is concerned in furthering, protecting or undermining the interests of any person, particular section of the population or of any political party or other organization in Kenya; Section 9(1)(g) as far as is reasonably practicable, take steps to ensure that classified information, intelligence collection methods, Service operations, sources of information and identity of members of the Service are protected from disclosure otherwise than in the strict performance of the functions of the Service under the Constitution and this Act; Section 9(1)(h) participate in the formulation of national intelligence policy and strategy; Section 9(1)(i) make recommendations to the Cabinet Secretary on the formulation of the policy and implement the national intelligence policy and strategy; Section 9(1)(j) ensure effective utilization of resources as required by Article 201 of the Constitution; Section 9(1)(k) undertake education, training and development of members of the Service; Section 9(1)(l) oversee the development of mechanisms to ensure that members of the Service discharge their functions and exercise of their powers in accordance with the Constitution, this Act and any other written the law; Section 9(1)(m) administer, control and manage the Service as a disciplined civilian service; Section 9(1)(n) to ensure that the members of the Service are not unduly influenced in the performance of the functions of the Service; Section 9(1)(n)(i) to ensure that the members of the Service are not unduly influenced in the performance of the functions of the Service; Section 9(1)(n)(ii) to ensure that the Service is impartial in the execution of its functions; Section 9(1)(n)(iii) to prevent disclosure of the operations of the Service; Section 9(1)(n)(iv) to prevent disclosure of classified information; Section 9(1)(n)(v) to protect the identity of sources of information to the Service; Section 9(1)(n)(vi) to protect the identity of members of the Service; Section 9(1)(n)(vii) to prevent unauthorized access to the premises of the Service; and Section 9(1)(n)(viii) to prevent interference with any installations of the Service; and Section 9(1)(o) perform any other lawful function as may be assigned by the President or the Cabinet Secretary or any other written law. Section 9(2) The Director-General shall have all the powers necessary or expedient for the performance of his or her functions under the Constitution, this Act or any other written law. Section 9(3) The Director-General may, in writing, delegate any power or assign any function conferred upon him or her under this Act or any other written law to a member of the Service. Section 9(4) The delegation of a power or assignment of a function under subsection (3) shall not prevent the Director-General from exercising the power or discharging the function in question in person. Section 9(5)(a) impose such conditions as are necessary for the performance of the function or exercise of the power; or Section 9(5)(b) withdraw any decision made by the person to whom the power or function had been delegated.
Section 9Verify source

Part III

CIVILIAN AUTHORITY

§ 27CIVILIAN AUTHORITY - 27. Effective civilian authorityProvision

Effective civilian authority must be exercised through the Cabinet Secretary.

Section 27. Effective civilian authority Section In order to give effect to the requirement under Article 239(5) of the Constitution, effective civilian authority shall be exercised through the Cabinet Secretary.
Section 27Verify source
§ 28CIVILIAN AUTHORITY - 28. Functions of the Cabinet SecretaryProvision

The Cabinet Secretary must ensure that satisfactory arrangements exist to carry out policy directions.

Section 28. Functions of the Cabinet Secretary Section ensure that there are satisfactory arrangements in place for the carrying out of policy directions;
Section 28Verify source
§ 29CIVILIAN AUTHORITY - 29. Functions of the National Security CouncilProvision

The National Security Council Section must exercise supervisory control over the Service.

Section 29. Functions of the National Security Council Section exercise supervisory control over the Service;
Section 29Verify source
§ 30CIVILIAN AUTHORITY - 30. Compliance with Article 59(2)(d) of the ConstitutionProvision

The Service must ensure compliance with Article 59(2)(d) of the Constitution.

Section 30. Compliance with Article 59(2)(d) of the Constitution Section The Service shall ensure compliance with Article 59(2)(d) of the Constitution.
Section 30Verify source

Part IV

LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS

§ 31LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 31. Rights and fundamental freedomsProvision

Persons to whom the Act applies are entitled to all constitutional rights and fundamental freedoms, except where those rights are limited by this Act or any other written law.

Section 31. Rights and fundamental freedoms Section 31(1) A person to whom this Act applies shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless the rights or fundamental freedoms have been limited to the extent specified in this Act or any other written law. Section 31(2) Notwithstanding subsection (1), a limitation under this Act shall not derogate from the rights and fundamental freedom in Article 25 of the Constitution.
Section 31Verify source
§ 32LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 32. Conditions for limitation of rights and fundamental freedomsProvision

This Part permits limiting or restricting rights and fundamental freedoms for specified purposes (including national security, classified information protection, safety of Service members, good order and discipline, and preventing prejudice to others) provided such limits meet Article 24 criteria and additional specified conditions.

Section 32. Conditions for limitation of rights and fundamental freedoms Section 32(1) Notwithstanding section 31 , the purpose of this Part is to limit or restrict the rights and fundamental freedoms as contemplated by Article 24 of the Constitution. Section 32(2)(a) the protection, maintenance and promotion of national security; Section 32(2)(b) the protection of classified information; Section 32(2)(c) the security and safety of members of the Service; Section 32(2)(d) good order and discipline in the Service; and Section 32(2)(e) that the enjoyment of the rights and fundamental freedoms by a person do not prejudice the rights and fundamental freedoms of others. Section 32(3)(a) shall satisfy the criteria set out in Article 24(1) of the Constitution; and Section 32(3)(b) ensure the protection, maintenance of and promotion of national security, public safety, public order and protection of the rights and freedoms of others; Section 32(3)(b)(i) ensure the protection, maintenance of and promotion of national security, public safety, public order and protection of the rights and freedoms of others; Section 32(3)(b)(ii) be necessary to achieve the mandate of the Service; Section 32(3)(b)(iii) be done without discrimination; and Section 32(3)(b)(iv) be exceptional and not derogate the core or essential content of the right or freedom being limited.
Section 32Verify source
§ 33LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 33. Limitation of freedom of expressionProvision

The freedom of expression in Article 33 may be limited in respect of a member of the Service.

Section 33. Limitation of freedom of expression Section 33(1) The freedom of expression set out under Article 33 of the Constitution may be limited in respect of a member of the Service under the conditions set out in subsection (2). Section 33(2)(a) in the interest of national security, public safety, public order, public morality or public health; Section 33(2)(b) for the purpose of protecting the integrity of Service operations; Section 33(2)(c) for the purpose of protecting the reputation, rights and freedoms of the members or private persons concerned in legal proceedings; Section 33(2)(d) for the purpose of preventing the disclosure of information received in confidence; Section 33(2)(e) for the purpose of regulating the technical administration or the technical operation of telecommunication, wireless broadcasting, communication, internet, satellite communication or television; or Section 33(2)(f) for the security and protection of information within the Service.
Section 33Verify source
§ 34LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 34. Limitation of political rightsProvision

Subsection (1) lists limits on political activity; subsection (2) preserves members’ right to register to vote and to vote in elections, by-elections or referendums.

Section 34. Limitation of political rights Section 34(1)(a) form, join, participate in the activities, campaign for a political party or political cause or recruit members for a political party; or Section 34(1)(b) serve as a member of Parliament, the Senate, a county assembly or any other political body. Section 34(2) The provisions of subsection (1) shall not apply to the members’ right to register as a voter and to vote in an election, by-election or a referendum.
Section 34Verify source
§ 35LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 35. Limitation to freedom of movement and residenceProvision

Members may be prohibited from leaving Kenya when the restriction is imposed in the interest of national security.

Section 35. Limitation to freedom of movement and residence Section by restricting the right of the member to leave Kenya in the interest of national security;
Section 35Verify source
§ 36LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 36. Limitation to the right to privacyOffence

The Service must obtain a warrant under Part V before taking any action under this section.

Section 36. Limitation to the right to privacy Section 36(1) The right to privacy set out in Article 31 of the Constitution, may be limited in respect of a person who is subject to investigation by the Service or suspected to have committed an offence to the extent that subject to section 42 , the privacy of a person’s communications may be investigated, monitored or otherwise interfered with. Section 36(2) The Service shall, prior to taking any action under this section, obtain a warrant under Part V. [Act No. 19 of 2014 , s. 55.]
Section 36Verify source
§ 37LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 37. Limitation of the right to access to informationProvision

The right to access information may be limited for classified information or information held by the Service; the Cabinet Secretary may make regulations to determine security classification categories, and four classification labels are defined: "top secret", "secret", "confidential" and "restricted".

Section 37. Limitation of the right to access to information Section 37(1) The right of access to information set out in Article 35(1) and (3) of the Constitution may be limited in respect of classified information or information under the custody of the Service under the circumstances set out under subsection (2). Section 37(2)(a) comply with a request to furnish a person with classified information; Section 37(2)(b) disclose or publicize information relating to sources of information, intelligence collection methods and covert operations of the Service; or Section 37(2)(c) disclose or publicize information, the disclosure or publication of which would be prejudicial to national security. Section 37(3) The Cabinet Secretary may by regulations determine the categories of security classification. Section 37(4)(a) "top secret" which means information whose unauthorized disclosure would cause exceptionally grave damage to the interests of the State; Section 37(4)(b) "secret" which means information whose unauthorized disclosure would cause serious injury to the interests of the State; Section 37(4)(c) "confidential" which means information whose unauthorized disclosure would be prejudicial to the interests of the State; and Section 37(4)(d) "restricted" which means information whose unauthorized disclosure would be undesirable in the interests of the State.
Section 37Verify source
§ 38LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 38. Limitation of the right to freedom of associationProvision

Section 38 limits the constitutional freedom of association by preventing a member of the Service from joining or participating in an association, but subsection (2) allows a member of the Service to join or participate in the activities of a professional association.

Section 38. Limitation of the right to freedom of association Section 38(1) The freedom of association set out in Article 36 of the Constitution, is limited by preventing a member of the Service from joining or participating in the activities of an association. Section 38(2) Notwithstanding subsection (1), a member of the Service may join or participate in the activities of a professional association.
Section 38Verify source
§ 39LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 39. Limitation of the right to assembly, demonstrate, picket and petitionProvision

Officers are prohibited from assembling, demonstrating, picketing or petitioning public authorities, except when done to maintain good order and discipline in the Service.

Section 39. Limitation of the right to assembly, demonstrate, picket and petition Section The right to assemble, demonstrate, picket and petition public authorities set out in Article 37 of the Constitution is limited by prohibiting, the officers from assembling, demonstrating, picketing or petitioning public authorities except for the purposes of maintaining good order and discipline in the Service.
Section 39Verify source
§ 40LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 40. Limitation of the right to labour relationsProvision

Members of the Service are prohibited from forming, joining, agitating, participating in trade unions, or going on strike to the extent necessary for maintaining good order and discipline in the Service.

Section 40. Limitation of the right to labour relations Section The right to fair labour practices set out in Article 41 of the Constitution, is limited by prohibiting a member of the Service from forming, joining, agitating or participating in the activities of trade unions or going on strike to extent necessary for maintaining good order and discipline in the Service.
Section 40Verify source
§ 41LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 41. Limitations to economic and social rightsProvision

The economic and social rights in Article 43 of the Constitution may be limited for members of the Service when necessary for intelligence training and operation.

Section 41. Limitations to economic and social rights Section The economic and social rights set out in Article 43 of the Constitution, may be limited in respect of members of the Service to the extent necessary for intelligence training and operation.
Section 41Verify source

Part IX

MISCELLANEOUS PROVISIONS

§ 72MISCELLANEOUS PROVISIONS - 72. Protection of classified information, records, etc.Provision

The Cabinet Secretary must, subject to Article 35 and other written law and in consultation with the Director-General, prescribe by regulations procedures for classifying, declassifying, protecting, and destroying classified information and other Service records.

Section 72. Protection of classified information, records, etc. Section Subject to Article 35 of the Constitution and any other written law, the Cabinet Secretary shall, in consultation with the Director-General, by regulations prescribe procedures for the classification, declassification, protection, and destruction of classified information and other records held by the Service.
Section 72Verify source
§ 73MISCELLANEOUS PROVISIONS - 73. Protection of Director-General and members of Service for acts done in good faithProvision

The Director-General and members of the Service are exempt from proceedings for acts or omissions done in good faith while performing Service functions or exercising Service powers under the Act.

Section 73. Protection of Director-General and members of Service for acts done in good faith Section Proceedings shall not lie against the Director-General or any member of the Service in respect of anything done or omitted to be done in good faith in the performance of the functions of the Service or the exercise of the powers of the Service under this Act.
Section 73Verify source
§ 74MISCELLANEOUS PROVISIONS - 74. Duty to co-operateProvision

Certain persons and public bodies must cooperate with the Service, including providing assistance and transmitting intelligence without delay to enable the Service to perform its statutory functions.

Section 74. Duty to co-operate Section 74(1) It shall be the duty of every person, State organ, State department or agency or public entity to afford the Service the co-operation and assistance necessary to enable it perform its functions under the Constitution, this Act or any other written law. Section 74(2) It shall be the duty of every State organ, State department, State agency or public entity that is in possession of national security intelligence or other intelligence related information which may be of value to the Service for the purposes of performing its functions under this Act to transmit that intelligence and information to the Service without delay. Section 74(3)(a) that receives intelligence from the Service to act on or otherwise utilize the intelligence; and Section 74(3)(b) to provide information requested for by the Service:
Section 74Verify source
§ 75MISCELLANEOUS PROVISIONS - 75. General PenaltyOffence

If a person is convicted of an offence under this Act for which no penalty is provided, they are liable to imprisonment up to three years, or a fine up to five hundred thousand shillings, or both.

Section 75. General Penalty Section A person who is convicted of an offence under this Act for which no penalty is expressly provided shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five hundred thousand shillings or to both.
Section 75Verify source
§ 76MISCELLANEOUS PROVISIONS - 76. Extraterritorial application of the ActOffence

An act, omission or other conduct that constitutes an offence under the Act is an offence even if it occurs outside Kenya; the Act also applies to the Director-General and members of the Service both within and outside Kenya.

Section 76. Extraterritorial application of the Act Section 76(1) Any act, omission or other conduct constituting an offence under this Act, shall constitute an offence even if the act, omission or conduct takes place outside Kenya. Section 76(2) The provisions of this Act shall apply to the Director-General and members of the Service within and outside Kenya.
Section 76Verify source
§ 77MISCELLANEOUS PROVISIONS - 77. Annual reportProvision

The Director-General must, within three months after the end of each calendar year, send the President, the Cabinet Secretary and the National Security Council a report on the Service's activities for that year.

Section 77. Annual report Section The Director-General shall, within three months after the end of each calendar year, furnish the President, the Cabinet Secretary and the National Security Council with a report of the activities of the Service during that year.
Section 77Verify source
§ 78MISCELLANEOUS PROVISIONS - 78. Regulations generallyProvision

The Cabinet Secretary may, in consultation with the Council, make regulations for matters required by the Act or for better carrying out its provisions; regulations relating to members of the Service need not be published in the Gazette but must be notified to those members in a manner determined by the Cabinet Secretary in consultation with the Director-General.

Section 78. Regulations generally Section 78(1) The Cabinet Secretary may, in consultation with the Council make regulations generally prescribing anything required by this Act to be prescribed or generally for the better carrying out of the provisions of this Act. Section 78(2) Regulations made under subsection (1) relating to members of the Service shall not be published in the Gazette , but shall be notified to the members of the Service to whom they apply in such manner as the Cabinet Secretary may in consultation with the Director-General determine.
Section 78Verify source
§ 79MISCELLANEOUS PROVISIONS - 79. Regulations by the CouncilProvision

The Council may make regulations concerning various aspects of the Service (terms and conditions, appointments and promotions, organization and duties, operations, security, firearms, training, discipline, grievances, funds and assets administration, and affirmative action); regulations under this section are not published in the Gazette but are notified to affected members in a manner determined by the Director-General.

Section 79. Regulations by the Council Section 79(1)(a) the terms and conditions of service of the members of the Service subject to section 21 and 23 ; Section 79(1)(b) the appointment, seniority in rank or grade, posting, transfer and promotion of members of the Service subject to section 21 and 23 ; Section 79(1)(c) the distribution, organization and duties of the Service; Section 79(1)(d) operational matters of the Service; Section 79(1)(e) personal and document security; Section 79(1)(f) protective and physical security; Section 79(1)(g) the control, issuance, storage and use of firearms and ammunition in the Service; Section 79(1)(h) training of members of the Service; Section 79(1)(i) the discipline in the Service subject to section 23 ; Section 79(1)(j) the determination of grievances in the Service; Section 79(1)(k) the administration and management of the funds and assets of the Service; and Section 79(1)(l) affirmative action within the Service. Section 79(2) Regulations made under this section shall not be published in the Gazette but shall be notified to the members of the Service to whom they apply in such manner as the Director-General shall determine.
Section 79Verify source
§ 80MISCELLANEOUS PROVISIONS - 80. Regulations by the Cabinet SecretaryProvision

The Cabinet Secretary has the power to make regulations about the protection, classification and destruction of classified information and records.

Section 80. Regulations by the Cabinet Secretary Section the protection, classification and destruction of classified information and records;
Section 80Verify source
§ 81MISCELLANEOUS PROVISIONS - 81. Transitional and saving provisionsCommencement

Transitional and saving rules deem prior staff, appointments, secondments, schemes, instruments, property and references under the repealed law to continue under this Act, require review of existing orders/rules within twelve months, and suspend specified provisions for stated periods.

Section 81. Transitional and saving provisions Section 81(1) Every person who immediately before the commencement of this Act, was a member of staff or employee of the National Security Intelligence Service established under the National Security Intelligence Service Act (Repealed) shall, at the commencement of this Act, be deemed to be an officer or employee of the Service. Section 81(2) Subject to section 31(2) of the Sixth Schedule to the Constitution, a person who immediately before the commencement of this Act was a Director-General of the National Security Intelligence Service shall continue to hold office for the unexpired period of the term. Section 81(3) A person who immediately before the commencement of this Act was an employee of Government seconded to the Service, shall, upon commencement of this Act be deemed to have been seconded to the Service under this Act. Section 81(4) Anything done, including any regulation made or directive or instruction issued or other administrative measure taken or any contract entered into or any obligation incurred under the National Security Intelligence Service Act (Repealed) or any other law repealed by this Act and in force immediately before the commencement of this Act, shall remain in force and shall be deemed to have been made, issued, taken, entered, into or incurred, as the case may be, under this Act. Section 81(5) All Service Orders, Rules or Regulations existing before the commencement of this Act shall be reviewed, amended, or revised to conform to the provisions of the Constitution and this Act within twelve months after coming into force of this Act. Section 81(6) Until the orders, rules or regulations or other instruments made in exercise of a power conferred by a written law applicable and having the force of law are amended in accordance with subsection (5), they shall apply and be construed with such alterations, qualifications and exceptions as may be necessary to bring them in conformity with the Constitution and this Act. Section 81(7) Any pension scheme, medical scheme existing immediately before the commencement of this Act shall continue existing and shall be deemed to have been established in accordance with this Act. Section 81(8) All property, assets, rights and liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the National Security Intelligence Service shall upon commencement of this Act be deemed to have been vested in or to have been acquired, incurred or entered into by or on behalf of the Service to the same extent as they were enforceable by or against the Service before the commencement of this Act. Section 81(9) Any reference to the National Security Intelligence Service Act (Repealed) under any written law shall be construed to as a reference to this Act. Section 81(10) The provisions of section 7 are suspended until the expiry of the term of office of the person who was a Director-General of the Service at the commencement of this Act. Section 81(11) The provisions of section 15 (2)(b) are suspended until the expiry of a period of five years from the date of commencement of this Act. Section 81(12) The provisions of this Act shall apply without prejudice to the appointment and terms and conditions of service of the Director-General and members of the Service in office at the commencement of this Act.
Section 81Verify source

Part V

SPECIAL OPERATIONS

§ 42SPECIAL OPERATIONS - 42. Authority to undertake covert operationsProvision

The Director-General may, subject to Council-approved guidelines, issue written authorization to a Service officer to undertake covert operations and authorize specified intrusive actions.

Section 42. Authority to undertake covert operations Section 42(1) In this Part "special operations" means measures, efforts and activities aimed at neutralizing threats against national security. Section 42(2) Where the Director-General has reasonable grounds to believe that a covert operation is necessary to enable the Service to investigate or deal with any threat to national security or to perform any of its functions, the Director-General may, subject to guidelines approved by the Council, issue written authorization to an officer of the Service to undertake such operation. Section 42(3)(a) shall be sufficient authorization to conduct the operation; Section 42(3)(b) may be served on any person so required to assist the Service or facilitate the covert operation or investigations required to be undertaken; Section 42(3)(c) enter any place or obtain access to anything; Section 42(3)(c)(i) enter any place or obtain access to anything; Section 42(3)(c)(ii) search for or remove or return, examine, take extracts from, make copies of or record in any manner the information, material, record, documents or thing; Section 42(3)(c)(iii) monitor communication; Section 42(3)(c)(iv) install, maintain or remove anything; or Section 42(3)(c)(v) take all necessary action, within the law, to preserve national security; and Section 42(3)(d) shall be specific and accompanied by a warrant from the High Court in the case of paragraph (c), and shall be valid for a period of one hundred and eighty days unless otherwise extended.
Section 42Verify source
§ 43SPECIAL OPERATIONS - 43.[Repealed by ActNo. 19 of 2014, s. 56.]Repeal

Section 43 was repealed by ActNo. 19 of 2014, s. 56.

Section 43.[Repealed by ActNo. 19 of 2014, s. 56.]
Section 43Verify source
§ 44SPECIAL OPERATIONS - 44.[Repealed by ActNo. 19 of 2014, s. 56.]Repeal

Section 44 was repealed by Act No. 19 of 2014, s. 56.

Section 44.[Repealed by ActNo. 19 of 2014, s. 56.]
Section 44Verify source
§ 45SPECIAL OPERATIONS - 45.[Repealed by ActNo. 19 of 2014, s. 56.]Repeal

Section 45 has been repealed.

Section 45.[Repealed by ActNo. 19 of 2014, s. 56.]
Section 45Verify source
§ 46SPECIAL OPERATIONS - 46.[Repealed by ActNo. 19 of 2014, s. 56.]Repeal

Section 46 was repealed by ActNo. 19 of 2014, s. 56.

Section 46.[Repealed by ActNo. 19 of 2014, s. 56.]
Section 46Verify source
§ 47SPECIAL OPERATIONS - 47.[Repealed by ActNo. 19 of 2014, s. 56.]Repeal

Section 47 has been repealed by Act No. 19 of 2014, s. 56.

Section 47.[Repealed by ActNo. 19 of 2014, s. 56.]
Section 47Verify source
§ 48SPECIAL OPERATIONS - 48.[Repealed by ActNo. 19 of 2014, s. 56.]Repeal

Section 48 has been repealed by Act No. 19 of 2014, s. 56.

Section 48.[Repealed by ActNo. 19 of 2014, s. 56.]
Section 48Verify source
§ 49SPECIAL OPERATIONS - 49.[Repealed by ActNo. 19 of 2014, s. 56.]Repeal

Section 49 has been repealed by ActNo. 19 of 2014, s. 56.

Section 49.[Repealed by ActNo. 19 of 2014, s. 56.]
Section 49Verify source
§ 50SPECIAL OPERATIONS - 50.[Repealed by ActNo. 19 of 2014, s. 56.]Repeal

Section 50 was repealed by ActNo. 19 of 2014, s. 56.

Section 50.[Repealed by ActNo. 19 of 2014, s. 56.]
Section 50Verify source

Part VI

OFFENCES

§ 51OFFENCES - 51. Prohibition against torture or cruel treatmentOffence

Members of the Service are prohibited from subjecting any person to torture or to cruel, inhuman or degrading treatment.

Section 51. Prohibition against torture or cruel treatment Section 51(1) A member of the Service shall not subject any person to torture, cruel, inhuman or degrading treatment. Section 51(2) A member of the Service who subjects a person to torture commits an offence and is liable on conviction to imprisonment for a term not exceeding twenty five years. Section 51(3) A member of the Service who subjects a person to cruel, inhuman or degrading treatment commits an offence and is liable on conviction to imprisonment for a term not exceeding fifteen years. Section 51(4)(i) obtaining information or a confession from the person or from a third person; Section 51(4)(ii) punishing the person for an act which that person or a third person has committed or is suspected of having committed; Section 51(4)(iii) intimidating or coercing that person or a third person; or Section 51(4)(iv) for any reason based on discrimination of any kind,
Section 51Verify source
§ 52OFFENCES - 52. Prohibition of certain conduct of members of the ServiceOffence

Members of the Service must not act as an agent, campaign for, or otherwise engage in the activities of a political party.

Section 52. Prohibition of certain conduct of members of the Service Section acts as an agent, campaigns for or otherwise engages in the activities of a political party; or
Section 52Verify source
§ 53OFFENCES - 53. DesertionOffence

Section 53: Desertion; Section dismissal;

Section 53. Desertion Section dismissal;
Section 53Verify source
§ 54OFFENCES - 54. Surrender of Service property on exitOffence

Members of the Service who leave must surrender Service property to an officer designated under subsection (2); failure or returning damaged property is an offence and on conviction the person is liable for repair or replacement costs recoverable by deduction or as a civil debt.

Section 54. Surrender of Service property on exit Section 54(1) A member of the Service who is dismissed, resigns or otherwise leaves the Service, shall surrender any property of the Service held to an officer designated under subsection (2). Section 54(2)(a) designate property which should be surrendered under subsection (1); and Section 54(2)(b) designate an officer of the Service to receive property which is surrendered under subsection (1). Section 54(3)(a) fails to comply with subsection (1); or Section 54(3)(b) who returns property in a damaged condition, the damage not being attributed to the proper discharge of duties in the Service, Section 54(4) A person who commits an offence under this section shall, on conviction and notwithstanding any other penalty that may be imposed on him or her, be liable for the cost of replacing or repairing such property. Section 54(5)(a) by making deductions from any monies due to such person; or Section 54(5)(b) as a civil debt.
Section 54Verify source
§ 55OFFENCES - 55. Prohibition of false representations as to association with ServiceOffence

A person must not, without prior written approval of the Director-General and in connection with their activities, use any name, description, title or symbol likely to suggest the activity is carried out under this Act or under the Service's patronage; doing so is an offence punishable by up to seven years' imprisonment or a fine up to one million shillings or both.

Section 55. Prohibition of false representations as to association with Service Section A person who, without prior written approval of the Director-General, in connection with any activity carried out by him or her, uses any name, description, title or symbol which is likely to lead another person to believe that the activity is carried out under the provisions of this Act or under the patronage of the Service, commits an offence and shall on conviction be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding one million shillings or to both.
Section 55Verify source
§ 56OFFENCES - 56. Offences in connection with members of the ServiceOffence

It is an offence to falsely represent oneself to be the Director-General or a member of the Service.

Section 56. Offences in connection with members of the Service Section falsely represents himself or herself to be the Director-General or a member of the Service;
Section 56Verify source
§ 57OFFENCES - 57. Prohibition of disclosure of identityOffence

Prohibition of disclosure of identity

Section 57. Prohibition of disclosure of identity Section is a confidential source of information to the Service; or
Section 57Verify source
§ 58OFFENCES - 58. Prohibition of access to premises of the ServiceOffence

The Cabinet Secretary may, by notice in the Gazette, prohibit or restrict access to land or premises under the control of the Service; any person who enters or photographs land or premises so gazetted without authority of the Director-General commits an offence and is liable on conviction to up to two years' imprisonment or a fine not exceeding three hundred thousand shillings, or both.

Section 58. Prohibition of access to premises of the Service Section 58(1) The Cabinet Secretary may, by notice in the Gazette , prohibit or restrict access to land or premises under the control of the Service. Section 58(2) Any person who enters the land or any premises or takes a photograph of the land or premises which has been gazetted pursuant to subsection (1) without having first obtained the authority of the Director-General commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding three hundred thousand shillings, or to both.
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§ 59OFFENCES - 59. Prohibition of unauthorized access and retention of informationOffence

Unauthorized persons who, intending to aid a foreign power or endanger national security, obtain, try to obtain, or possess classified information without lawful excuse commit an offence and face imprisonment up to five years or a fine of five million shillings.

Section 59. Prohibition of unauthorized access and retention of information Section Any unauthorized person with intent to aid a foreign power or entity or endanger national security obtains, attempts to obtain or is found in possession of classified information without lawful excuse commits an offence and is liable on conviction to imprisonment for a term not exceeding five years or a fine of five million shillings.
Section 59Verify source
§ 60OFFENCES - 60. Interfering with the Director-General and members of the ServiceOffence

Interfering with the Director-General and members of the Service is linked to imprisonment for a term not exceeding two years.

Section 60. Interfering with the Director-General and members of the Service Section imprisonment for a term not exceeding two years;
Section 60Verify source
§ 61OFFENCES - 61. Prohibition of unauthorized disclosure of informationOffence

It is an offence for a person to disclose or use information obtained through their employment except in the strict course of duty or with the Director-General's authority; conviction can lead to up to 14 years imprisonment. The restriction continues after termination of employment, but disclosures about criminal activity are not prevented.

Section 61. Prohibition of unauthorized disclosure of information Section 61(1) Any person who discloses or uses any information gained by him or her by virtue of his or her employment otherwise than in the strict course of his or her official duties or without the authority of the Director-General commits an offence. Section 61(2)(a) is authorized to obtain or seize any information, material, record, document or thing or any other source material; or Section 61(2)(b) is requested to give any information, material, record, document or thing or any other source material or to make the services of other persons available to the Service, Section 61(3)(a) discloses information gained while in the course of duty in the Service without the authority of the Director-General; Section 61(3)(b) receives classified information by virtue of his or her engagement with the Service and discloses such information without the authority of the Director-General; Section 61(3)(c) receives classified information from the Service while being entitled to receive the information and uses that information otherwise than in the strict course of his or her duty; Section 61(3)(d) receives classified information from the Service while being entitled to receive and discloses the Service as the originator or author of such information without the authority of the Director-General; Section 61(3)(e) receives classified information, knowing or having reasonable grounds to believe that the information was obtained or communicated to him or her in contravention of this Act and discloses such information to any person other than the Director- General or an officer of the Service; or Section 61(3)(f) discloses any classified information to any person other than the person whom he or she is authorized to disclose it to, Section 61(4) A person who commits an offence under this section is liable, on conviction to imprisonment for a term not exceeding fourteen years. Section 61(5) The provisions of this section shall apply to a person even after expiry or termination of employment, association or engagement with the Service. Section 61(6) The limitation on disclosure in this section shall not be construed to prevent a person from disclosing criminal activity.
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§ 62OFFENCES - 62. Attempts, etc.Offence

Attempting to commit any offence under this Act is covered.

Section 62. Attempts, etc. Section attempts to commit any offence under this Act;
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§ 63OFFENCES - 63. Prohibited communications by former membersOffence

Former or current members of the Service must not, without the Director-General's authority, disclose or communicate classified information or information whose disclosure is detrimental to national security, whether in Kenya or elsewhere; contravention is an offence punishable by up to fourteen years' imprisonment.

Section 63. Prohibited communications by former members Section 63(1) A person who is or was a member of the Service shall not without the authority of the Director-General disclose or communicate, whether in Kenya or elsewhere, classified information or any information the disclosure of which is detrimental to national security. Section 63(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to imprisonment for a term not exceeding fourteen years.
Section 63Verify source

Part VII

OVERSIGHT BODIES

§ 64OVERSIGHT BODIES - 64. National Intelligence Service CouncilProvision

Section 64 establishes the National Intelligence Service Council membership and internal governance: it lists members (including the Cabinet Secretary as Chair), requires the Council to appoint a Secretary, assigns Secretary functions (communicating decisions and other assigned functions), allows the Council to form committees and co-opt persons (who may participate but have no vote), and permits the Council to regulate its procedure subject to the Fourth Schedule.

Section 64. National Intelligence Service Council Section 64(1)(a) the Cabinet Secretary, who shall be the Chairperson; Section 64(1)(b) the Cabinet Secretary for the time being responsible for matters relating to foreign affairs; Section 64(1)(c) the Cabinet Secretary for the time being responsible for matters relating to finance; Section 64(1)(d) the Attorney-General; Section 64(1)(dd) such other public officer as the President may appoint; and Section 64(1)(e) the Director-General. Section 64(2) The Council shall appoint a member of the Service to be the Secretary to the Council. Section 64(3)(a) communicating the decisions of the Council; and Section 64(3)(b) the performance of any other function as may be assigned to him from time to time by the Council. Section 64(4)(a) the national intelligence policies and strategies; Section 64(4)(b) the administration of the Service; and Section 64(4)(c) the expenditure of the Service. Section 64(4)(d) to perform such other functions as may be conferred on the Council by this Act or by any other written law. Section 64(5) For the better carrying out of its functions under this Act, the Council may establish such functional committees as it may consider necessary. Section 64(6) The Council may co-opt into the committees established under subsection (5) other persons whose knowledge and skills are found necessary for the performance of the functions of the Council. Section 64(7) A person who is co-opted into the committee of the Council under subsection (6) may attend the meetings of the Council and participate in its deliberations, but shall have no right to vote at the meeting. Section 64(8) The business and affairs of the Council shall be conducted in accordance with the Fourth Schedule, but subject thereto, the Council may regulate its own procedure. [Act No. 19 of 2014 , s. 57.]
Section 64Verify source
§ 65OVERSIGHT BODIES - 65. Parliamentary OversightProvision

The National Assembly shall exercise oversight over the Service through the relevant Committee pursuant to Article 238(2) of the Constitution.

Section 65. Parliamentary Oversight Section National Assembly shall pursuant to Article 238(2) of the Constitution exercise oversight over the Service through the relevant Committee. [Act No. 19 of 2014 , s. 58.]
Section 65Verify source
§ 66OVERSIGHT BODIES - 66. Intelligence Service Complaints BoardSubstitution

Section 66 establishes the Intelligence Service Complaints Board composition and sets appointment, term, resignation, replacement and temporary-substitute rules, and requires the Cabinet Secretary to follow constitutional articles and gender balance in appointments.

Section 66. Intelligence Service Complaints Board Section 66(1)(a) a chairperson who shall be a person who qualifies to be a judge of the High Court; Section 66(1)(b) one shall be a person nominated by the Kenya National Commission on Human Rights; Section 66(1)(b)(i) one shall be a person nominated by the Kenya National Commission on Human Rights; Section 66(1)(b)(ii) one shall be an advocate of not less than seven years standing; Section 66(1)(b)(iii) one shall be a retired senior intelligence officer; and Section 66(1)(b)(iv) one shall be a person who has at least seven years experience in public service. Section 66(2) In the appointment of members of the Board, the Cabinet Secretary shall comply with Articles 73(2)(a) and 232(1)(i) of the Constitution and ensure that not more than two-thirds of the members of the Board are of the same gender. Section 66(3) A member of the Board shall hold office for a period of three years but shall be eligible for reappointment for one further term. Section 66(4) A member of the Board shall be paid such remuneration and other benefits as the Cabinet Secretary, may on the advice of the Salaries and Remuneration Commission, determine. Section 66(5) A member of the Board may resign from his or her office by notice, in writing, addressed to the Cabinet Secretary and the resignation shall take effect from the date of receipt of the letter of resignation by the Cabinet Secretary. Section 66(6) Where a member of the Board vacates office before the expiry of his or her term of office, the Cabinet Secretary shall, on the recommendation of the Public Service Commission, appoint another person in his or her place. Section 66(7) Where a member of the Board is unable to perform the functions of his or her office due to any temporary incapacity, the Cabinet Secretary may appoint a substitute for the chairperson or member until such time as the Cabinet Secretary determines that the incapacity has ceased.
Section 66Verify source
§ 67OVERSIGHT BODIES - 67. Powers and functions of the BoardProvision

Section 67 assigns the Board powers to investigate complaints and related matters, summon witnesses, take evidence (including privately), order documents, withhold certain information, notify and recommend disciplinary action, and report findings; the Cabinet Secretary must make regulations prescribing the Board's procedures; and no person can be compelled by summons to produce documents they could not be required to produce at trial.

Section 67. Powers and functions of the Board Section 67(1)(a) to receive and inquire into complaints against the Service made by any person aggrieved by anything done by the Director-General or any member of the Service in the exercise of the powers or the performance of the functions of the Service under this Act; Section 67(1)(b) to inquire into any other matter referred to it by the President or the Cabinet Secretary under this Act; and Section 67(1)(c) to make its recommendation thereon to the President or the Cabinet Secretary. Section 67(2)(a) to summon any witness; Section 67(2)(b) to administer oaths or affirmations; and Section 67(2)(c) to order the production of any records or documents relevant to the investigation. Section 67(3) No person shall be compellable under any such summons to produce any document which he or she could not be compelled to produce at the trial of a suit. Section 67(4)(a) subject to subsection (1)(b), consult the Director-General and the Council; and Section 67(4)(b) any information which in its opinion may not be disclosed in the course of, or in relation to any inquiry; and Section 67(4)(b)(i) any information which in its opinion may not be disclosed in the course of, or in relation to any inquiry; and Section 67(4)(b)(ii) the source of such information. Section 67(5) The Board may hear separately and in private, such evidence as may be tendered by a complainant and the Director-General or any other member of the Service in relation to a complaint. Section 67(6) If during the inquiry, the Board receives evidence of a breach of duty or misconduct against any member of the Service, it shall notify the Cabinet Secretary and the Council or the Director-General, as the case may be, and subject to the provisions of this Act, recommend appropriate disciplinary action against such member. Section 67(7) At the end of the inquiry, the Board shall inform the complainant, in writing, of its findings and shall make a report of its findings and recommendations to the Cabinet secretary and the Council. Section 67(8) The Cabinet Secretary shall make regulations, prescribing the manner in which the Board shall discharge its functions under this Part including the procedure for proceedings of the Board, but subject thereto, the Board shall regulate its own procedure.
Section 67Verify source
§ 68OVERSIGHT BODIES - 68. Proceedings, findings, etc.Provision

Members of the Board are protected from proceedings for acts done in good faith in performing Board functions; they are not to be called to give evidence about Board matters; statements and materials in Board inquiries are privileged as if in court.

Section 68. Proceedings, findings, etc. Section 68(1) Proceedings shall not lie against any member of the Board in respect of anything done in good faith in the performance of the functions of the Board or the exercise of the powers of the Board under this Act. Section 68(2) A member of the Board shall not be called upon to give evidence in any court or in any proceedings of a judicial nature, in respect of anything in his or her knowledge by virtue of the powers or the functions of the Board under this Act. Section 68(3) Anything said or any information supplied or any document or material produced by any person in the course of any inquiry by, or proceedings before the Board shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court.
Section 68Verify source
§ 69OVERSIGHT BODIES - 69. Funds of the BoardProvision

The National Assembly must allocate the Service adequate funds to enable the Board to perform its functions.

Section 69. Funds of the Board Section The National Assembly shall allocate the Service adequate funds to enable the Board perform its functions.
Section 69Verify source

Part VIII

FINANCIAL PROVISIONS

§ 70FINANCIAL PROVISIONS - 70. Funds of the ServiceProvision

The Service's funds comprise monies allocated by Parliament, monies or assets that accrue to the Service in performing its powers or functions, and monies from any other source provided or donated.

Section 70. Funds of the Service Section 70(1)(a) monies allocated by Parliament for purposes of the Service; Section 70(1)(b) such monies or assets as may accrue to the Service in the course of the exercise of its powers or the performance of its functions under this Act; and Section 70(1)(c) all monies from any other source provided or donated to the Service. Section 70(2) Monies donated to the Service under subsection (1)(c) shall, subject to the provisions of this Act, be disclosed and reported in accordance with the law relating to public finance. Section 70(3) The funds of the Service shall be in a separate vote.
Section 70Verify source
§ 71FINANCIAL PROVISIONS - 71. Accounts and auditsProvision

The Service must keep all books and records of account of its revenue and expenditure in accordance with the Public Finance Management Act (Cap. 412A).

Section 71. Accounts and audits Section The Service shall cause to be kept all books and records of account of its revenue and expenditure in accordance with the Public Finance Management Act (Cap. 412A).
Section 71Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Board or the exercise of the powers of the Board under this Act

    Section 68

  • Conduct and Ethics Section 24 lists topics in a Code

    Section 24

N–S

8 instruments

  • National Security Intelligence Service established under the National Security Intelligence Service Act

    Section 81

  • Service both within and outside Kenya. Section 76. Extraterritorial application of the Act

    Section 76

  • Service from performing the functions and exercising powers conferred by this Act

    Section 5

  • Service in the exercise of the powers or the performance of the functions of the Service under this Act

    Section 67

  • Service Members of the Service must perform functions and duties assigned by this Act

    Section 18

  • Service or the exercise of the powers of the Service under this Act

    Section 73

  • Service under the Constitution and this Act

    Section 9

  • Service. Section 64(4)(d) to perform such other functions as may be conferred on the Council by this Act

    Section 64

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.