ADVOKS GLOBAL · KENYA
National Intelligence Service Act
42. Authority to undertake covert operations
Edition: 2022-12-31 · In force
42. Authority to undertake covert operations
(1)In this Part "special operations" means measures, efforts and activities aimed at neutralizing threats against national security.(2)Where the Director-General has reasonable grounds to believe that a covert operation is necessary to enable the Service to investigate or deal with any threat to national security or to perform any of its functions, the Director-General may, subject to guidelines approved by the Council, issue written authorization to an officer of the Service to undertake such operation.(3)The written authorization issued by the Director-General under subsection (2) —(a)shall be sufficient authorization to conduct the operation;(b)may be served on any person so required to assist the Service or facilitate the covert operation or investigations required to be undertaken;(c)may authorize any member of the Service to obtain any information, material, record, document or thing and for that purpose —(i)enter any place or obtain access to anything;(ii)search for or remove or return, examine, take extracts from, make copies of or record in any manner the information, material, record, documents or thing;(iii)monitor communication;(iv)install, maintain or remove anything; or(v)take all necessary action, within the law, to preserve national security; and(d)shall be specific and accompanied by a warrant from the High Court in the case of paragraph (c), and shall be valid for a period of one hundred and eighty days unless otherwise extended.