[Rev. 2012]
National Intelligence Service
NO. 28 OF
2012
(2) Any person who, by a warrant—
(a) is authorized to obtain or seize any information, material, record,
document or thing or any other source material; or
(b) is requested to give any information, material, record, document or
thing or any other source material or to make the services of other
persons available to the Service,
discloses the warrant, or discloses or uses any information gained by or conveyed
to him or her when acting pursuant to the warrant, otherwise than as authorized by
the warrant or by the Director-General commits an offence.
(3) A person who—
(a) discloses information gained while in the course of duty in the Service
without the authority of the Director- General;
(b) receives classified information by virtue of his or. her engagement
with the Service and discloses such information without the authority
of the Director-General;
(c) receives classified information from the Service while being entitled
to receive the information and uses that information otherwise than in
the strict course of his or her duty;
(d) receives classified information from the Service while being entitled to
receive and discloses the Service as the originator or author of such
information without the authority of the Director-General;
(e) receives classified information, knowing or having reasonable
grounds to believe that the information was obtained or
communicated to him or her in contravention of this Act and discloses
such information to any person other than the Director- General or an
officer of the Service; or
(f) discloses any classified information to any person other than the
person whom he or she is authorized to disclose it to,
commits an offence.
(4) A person who commits an offence under this section is liable, on conviction
to imprisonment for a term not exceeding fourteen years.
(5) The provisions of this section shall apply to a person even after expiry or
termination of employment, association or engagement with the Service.
(6) The limitation on disclosure in this section shall not be construed to prevent
a person from disclosing criminal activity.
62. Attempts etc.
Any person who—
(a) attempts to commit any offence under this Act;
(b) solicits or procures another person to commit an offence under this
Act; or
(c) aids or abets or does anything preparatory to the commission of an
offence under this Act,
commits an offence and is liable, on conviction, to imprisonment for a term not
exceeding three years or a fine not exceeding five hundred thousand shillings, or
to both.
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[Issue 1]
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