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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