NO. 28 OF 2012 National Intelligence Service [Rev. 2012] 63. Prohibited communications by former members (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. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to imprisonment for a term not exceeding fourteen years. PART VII – OVERSIGHT BODIES 64. National Intelligence Service Council (1) There is established a Council to be known as the National Intelligence Service Council which shall consist of— (a) the Cabinet Secretary, who shall be the chairperson; (b) the Cabinet Secretary for the time being responsible for matters relating to foreign affairs; (c) the Cabinet Secretary for the time being responsible for matters relating to finance; (d) the Attorney-General; and (e) the Director-General. (2) The Council shall appoint a member of the Service to be the Secretary to the Council. (3) The Secretary shall be responsible for— (a) communicating the decisions of the Council; and (b) the performance of any other function as may be assigned to him from time to time by the Council. (4) The functions of the Council shall be to advise the Service generally on all matters pertaining to— (a) the national intelligence policies and strategies; (b) the administration of the Service; and (c) the expenditure of the Service. (5) For the better carrying out of its functions under this Act, the Council may establish such functional committees as it may consider necessary. (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. (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. (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. [Issue 1] 32

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