[Rev. 2012]
National Intelligence Service
NO. 28 OF
2012
“Republic” has the meaning assigned to it by Article 260 of the Constitution;
“security clearance” means an authorization entitling a person to have
access to classified information;
“Salaries and Remuneration Commission” means the Salaries and
Remuneration Commission established by Article 230 of the Constitution;
“security intelligence” means information other than counter intelligence
which relates to or may be relevant to the assessment of any internal or
external threat or potential threat to national security and includes measures
and strategies aimed at impeding or neutralizing such threat or potential threat;
“security vetting” means a systematic procedure used to examine and
appraise a person to determine his or her suitability, loyalty and eligibility based
on security competencies and considerations;
“serious crime” includes organized crime, terrorism, human trafficking,
drug trafficking and money laundering;
“Service” means the National Intelligence Service established by Article
242(1) of the Constitution;
“State office” has the meaning assigned to it by Article 260 of the
Constitution;
“threat” means—
(a) any activity relating to espionage, sabotage, subversion, terrorism,
organized crime, or intention to commit any such activity which
is or may be directed against, or detrimental to the integrity,
sovereignty, economic well-being or other national interests of
Kenya and includes any other activity performed in conjunction
with any activity relating to espionage, sabotage, organized crime,
terrorism or subversion;
(b) any activity directed at undermining, or directed at or intended to
bring about the destruction or to overthrow by unlawful means
of the constitutionally established system of government in the
Republic;
(c) any act or threat of violence or unlawful harm that is directed at
or intended to achieve, bring about or promote any constitutional,
political, industrial, social or economic objective or change in
Kenya and includes any conspiracy, incitement or attempt to
commit any such act or threat; and
(d) any action or intention of a foreign power within or outside Kenya
that is detrimental to national security and is clandestine or
deceptive or involves a threat to the well-being of the Republic and
its citizens or any other person lawfully resident in Kenya,
but does not include any lawful advocacy, protest or dissent unless carried
out in conjunction with any of the activities referred to in paragraphs (a) to (d);
“vettable position” means a State office, public office or position in
either level of government requiring the holder of the position to have, in
the performance of his or her official duties, access to sensitive or classified
information or any other position as may be required under any written law.
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[Issue 1]