[Rev. 2012] National Intelligence Service NO. 28 OF 2012 6. Powers of the Service. (1) The Service shall have all the powers necessary or expedient for the performance of its functions under the Constitution, this Act or any other written law. (2) Without prejudice to the generality of subsection (1), the Service shall have the power to— (a) investigate, gather, collate, correlate, evaluate, interpret, disseminate and store information which is relevant in the performance of its functions, under this Act, whether within or outside Kenya; (b) co-operate with or enter into arrangements with any person, body, organization or authority for the performance of its functions under this Act; (c) monitor and record electromagnetic emissions, acoustic emissions and other emissions subject to section 42; and (d) take steps and measures to safeguard and promote national interests. (3) The powers referred to in subsection (1) may be exercised— (a) for the purpose of detecting and identifying any threat or potential threat to national security; (b) for the purpose of safeguarding and promoting national security and national interests; or (c) for the purpose of ensuring the enjoyment of the rights and fundamental freedoms by an individual in so far as they do not prejudice the rights and fundamental freedoms of others. (4) A member of the Service who exercises powers contrary to the provisions of this section commits an offence and shall on conviction be liable, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years or to both. 7. Director- General (1) There shall be a Director-General of the Service who shall, with the approval of the National Assembly, be appointed by the President. (2) The President shall nominate a person for appointment as the DirectorGeneral and submit the name of the nominee to the National Assembly. (3) The National Assembly shall, within fourteen days after it first meets after receiving the names of the nominee— (a) consider the suitability of the nominee; (b) either approve or reject the nominee for appointment; and (c) the Speaker shall notify the President of the decision of the National Assembly. (4) If the National Assembly approves the nominee, the President shall, within seven days after receiving the notification to that effect, appoint the nominee as the Director-General. 13 [Issue 1]

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