NO. 28 OF 2012 National Intelligence Service [Rev. 2012] (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. (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. 8. Qualifications of the Director-General (1) A person is qualified for appointment as the Director-General if the person— (a) is a citizen of Kenya; (b) holds a degree from a university recognized in Kenya; (c) has knowledge and at least fifteen years experience in intelligence or national security; (d) has served in a senior management position in the Service or public service for at least ten years; and (e) meets the requirements of Chapter Six of the Constitution. — (2) A person is not qualified for appointment as Director-General if that person (a) (b) (c) (d) (e) (f) is a member of Parliament, a member of a county assembly, a governor or a deputy governor; 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; holds dual citizenship; 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; has previously been removed from office for contravening the provisions of the Constitution or any other written law; or is an undischarged bankrupt. 9. Functions and powers of the Director- General (1) The Director-General shall— (a) be responsible for the overall, management and administration of the Service; (b) be responsible for the overall operational control of the Service; (c) be the principal advisor to the President and Government on national security based on security intelligence and counter intelligence to enhance national security; [Issue 1] 14

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