[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. 9 [Issue 1]

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