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National Intelligence Service Act

42. Authority to undertake covert operations

Edition: 2022-12-31 · In force

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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.
[Act No. 19 of 2014, s. 56.]
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Source: Kenya Law