NO. 28 OF
2012
National Intelligence Service
[Rev. 2012]
(2) An application for a warrant under this Part shall be made by the DirectorGeneral or a member of the Service authorized for that purpose by the Director
General.
50. Appeal
A person aggrieved by the issuance of a warrant or by the extension of the
period of a warrant under this section may appeal to the High Court within fourteen
days of the issuance or extension of the warrant.
PART VI – OFFENCES
51. Prohibition against torture or cruel treatment
(1) A member of the Service shall not subject any person to torture, cruel,
inhuman or degrading treatment.
(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.
(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.
(4) In this section—
“cruel, inhuman and degrading treatment or punishment” means a
deliberate and aggravated treatment or punishment not amounting to torture,
inflicted by a person in authority or the agent of the person in authority against
a person under his or her custody, causing suffering, gross humiliation or
debasement to the person;
“torture” means any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for the purpose of—
(i) obtaining information or a confession from the person or from a
third person;
(ii) punishing the person for an act which that person or a third person
has committed or is suspected of having committed;
(iii) intimidating or coercing that person or a third person; or
(iv) for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official
capacity.
52. Prohibition of certain conduct of members of the Service
A member of the Service, who—
(a) acts as an agent, campaigns for or otherwise engages in the activities
of a political party; or
(b) enters, searches any private premises or seizes any material
otherwise than as provided for under Part V,
commits an offence and is liable, on conviction, to a fine not exceeding five million
shillings or to imprisonment for a term not exceeding ten years, or to both.
[Issue 1]
28
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