NO. 28 OF
2012
(b)
(c)
(d)
(e)
(f)
National Intelligence Service
[Rev. 2012]
for the purpose of protecting the integrity of Service operations;
for the purpose of protecting the reputation, rights and freedoms of
the members or private persons concerned in legal proceedings;
for the purpose of preventing the disclosure of information received
in confidence;
for the purpose of regulating the technical administration or the
technical operation of telecommunication, wireless broadcasting,
communication, internet, satellite communication or television; or
for the security and protection of information within the Service.
34. Limitation of political rights
(1) The political rights set out in Article 38 of the Constitution may be limited to
the extent that a member of the Service shall not—
(a) form, join, participate in the activities, campaign for a political party or
political cause or recruit members for a political party; or
(b) serve as a member of Parliament, the Senate, a county assembly or
any other political body.
(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.
35. Limitation to freedom of movement and residence
The freedom of movement and residence set out in Article 39 of the Constitution
may be limited in respect of a member of the Service—
(a) by restricting the right of the member to leave Kenya in the interest
of national security;
(b) when entering or having entered, to remain within or around
designated areas for purposes of attending training or securing the
performance of duties by the member; or
(c) under any other circumstances which that member may be subjected
to in respect of movement or residence within or outside Kenya.
36. Limitation to the right to privacy
The right to privacy set out in Article 31 of the Constitution, may be limited
in respect of a person 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.
(2) The Service shall, prior to taking any action under this section, obtain a
warrant under Part V.
37. Limitation of the right to access to information
(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).
[Issue 1]
24
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