NO. 28 OF
2012
National Intelligence Service
[Rev. 2012]
(2) Despite subsection (1), until after the first general elections under the
Constitution, references in this Act to the expression “Cabinet Secretary”,
“Principal Secretary” or “State department” shall be construed to mean
“Minister”, “Permanent Secretary” and “Ministry” respectively.
3. Guiding principles
(1) The Service shall, in fulfilling its mandate, observe and uphold the Bill
of Rights, values and principles of governance under Article 10(2), the values
and principles of public service under Article 232(1) and the principles of national
security in Article 238(2) of the Constitution and shall within the Service—
(a) strive to achieve the highest standards of professionalism and
discipline amongst its members;
(b) prevent corruption and promote and practice transparency and
accountability;
(c) comply with the constitutional standards of human rights and
fundamental freedoms;
(d) train its staff to the highest possible standards of competence and
integrity and to respect rights and fundamental freedoms and dignity;
and
(e) ensure that recruitment to the Service reflects the diversity of the
Kenyan people in equitable proportions.
(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.
PART II – COMPOSITION, FUNCTIONS, POWERS
AND ADMINISTRATION OF THE SERVICE
4. Composition of the Service
(1) The National Intelligence Service established under Article 242(1) of the
Constitution shall be a disciplined civilian service.
(2) The Service shall consist of—
(a) the Director-General appointed under section 7;
(b) the Directors appointed under section 15; and
(c) such other members of the Service appointed under section 16.
(3) The Service shall consist of such maximum number of members as shall
be determined from time to time by the National Security Council in consultation
with the Director-General.
(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.
(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.
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