[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.
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[Issue 1]
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