NO. 28 OF
2012
(b)
(c)
National Intelligence Service
[Rev. 2012]
exercises or attempts to exercise undue influence over the DirectorGeneral or any member of the Service; or
is an accomplice in the commission of an act whereby any lawful order
given by the Director-General or any member of the Service or any
regulation or directive or any rule may be evaded,
commits an offence and is liable on conviction to imprisonment for a term not
exceeding ten years or to a fine not exceeding one million shillings or to both.
57. Prohibition of disclosure of identity
Any person who discloses, publishes, broadcasts, causes to be published or
otherwise makes public, without the approval of the Director-General, the identity
of a person who—
(a) is a confidential source of information to the Service; or
(b) is a member of the Service engaged in a covert operation,
commits an offence and is liable on conviction, to imprisonment for a term not
exceeding fourteen years.
58. Prohibition of access to premises of the Service
(1) The Cabinet Secretary may, by notice in the Gazette, prohibit or restrict
access to land or premises under the control of the Service.
(2) Any person who enters the land or any premises or takes a photograph of
the land or premises which has been gazetted pursuant to subsection (1) without
having first obtained the authority of the Director-General commits an offence and
is liable on conviction to imprisonment for a term not exceeding two years or a fine
not exceeding three hundred thousand shillings, or to both.
59. Prohibition of unauthorized access and retention of information
Any unauthorized person with intent to aid a foreign power or entity or endanger
national security obtains, attempts to obtain or is found in possession of classified
information without lawful excuse commits an offence and is liable on conviction to
imprisonment for a term not exceeding five years or a fine of five million shillings.
60. Interfering with the Director-General and members of the Service
A person who obstructs, assaults, hinders, the Director-General or any member
of the Service or any person acting under the direction of the Director- General or
such member in the due execution of his or her duties under this Act, commits an
offence and is liable on conviction to—
(a) imprisonment for a term not exceeding two years;
(b) a fine not exceeding three hundred thousand shillings; or
(c) to both a fine and imprisonment.
61. Prohibition of unauthorized disclosure of information
(1) Any person who discloses or uses any information gained by him or her
by virtue of his or her employment otherwise than in the strict course of his or her
official duties or without the authority of the Director-General commits an offence.
[Issue 1]
30
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