NO. 28 OF
2012
(o)
(p)
(q)
(r)
(s)
National Intelligence Service
[Rev. 2012]
liaise with intelligence or security services, agencies or other
authorities in other countries;
co-operate with and assist other national security organs or agencies
in the exercise of their powers and discharge of their functions;
provide material support, advice and assistance to State offices, State
departments and public entities on matters relating to the security and
integrity of information that is processed, stored or communicated by
electronic or similar means;
to advise county governments on appropriate security and intelligence
matters; and
subject to the provisions of the Constitution and any other written law,
perform such other duties and functions as may, from time to time, be
determined by the President to be in the national interest.
(2) The provisions of subsection (1) shall not be construed as—
(a) depriving any person or authority any power, duty or function
conferred upon that person or authority under the Constitution or any
other written law; or
(b) limiting the performance of an intelligence related function by a State
organ, department or agency.
(3) Unless otherwise provided for under this Act, the Service shall not—
(a) carry out police functions;
(b) undertake paramilitary activities;
(c) commit an act of violence against a person; or
(d) undertake any activity for the purpose of furthering the interests of a
political party or political organisation whether within or outside Kenya.
(4) Subsection (3) does not prevent—
(a) the provision of firearms or training in the use of firearms in
accordance with First Schedule; or
(b) the Service from obtaining intelligence and communicating any such
intelligence that is relevant to serious crime to the appropriate law
enforcement authorities.
(5) In the performance of its functions and exercise of its powers, the Service
shall not—
(a) act in a partisan manner;
(b) further the interest of any political party or cause; or
(c) prejudice a political interest or political cause that is legitimate under
the Constitution.
(6) A member of the Service who contravenes subsections (3) and (5) commits
an offence and shall on conviction, be liable to a fine not exceeding five million
shillings or imprisonment for a term not exceeding ten years or to both.
[Issue 1]
12
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