ADVOKS GLOBAL · KENYA
National Intelligence Service Act
5. Functions of the Service
Edition: 2022-12-31 · In force
5. Functions of the Service
(1)The Service is responsible for security intelligence and counter intelligence to enhance national security in accordance with the Constitution and shall—(a)gather, collect, analyse and transmit or share with the relevant State agencies, security intelligence and counter intelligence;(b)detect and identify threats or potential threats to national security;(c)advise the President and Government of any threat or potential threat to national security;(d)safeguard and promote national security and national interests within and outside Kenya;(e)gather, evaluate and transmit departmental intelligence at the request of any State department or organ, agency or public entity;(f)regulate, in co-operation with any State department or agency, the flow of security intelligence between the Service and that State department or agency;(g)undertake security vetting—(i)for persons seeking to hold a vettable position;(ii)for persons seeking to be registered as a citizen of Kenya;(iii)for foreign institutions seeking documents or seeking to undertake any activity in the Republic which may have a bearing on national security; or(iv)as may be required under any written law;(h)carry out protective and preventive security functions within State departments, agencies, facilities and diplomatic missions;(i)safeguard information systems and processes within State departments or agencies;(j)support and aid law enforcement agencies in detecting and preventing serious crimes and other threats to national security;(k)commission research relevant to the protection and promotion of national security;(l)make recommendations to the National Security Council on policies concerning security intelligence;(m)make recommendations to the President, National Security Council and the Cabinet Secretary on policies concerning security measures which need to be taken by a State department or agency; and(n)obtain, in accordance with the Constitution, this Act or any other written law, intelligence about the activities of foreign interference and capabilities, intentions or activities of people or organizations outside Kenya;(o)liaise with intelligence or security services, agencies or other authorities in other countries;(p)co-operate with and assist other national security organs or agencies in the exercise of their powers and discharge of their functions;(q)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;(r)to advise county governments on appropriate security and intelligence matters; and(s)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 the First Schedule;(b)the Service from obtaining intelligence and communicating any such intelligence that is relevant to serious crime to the appropriate law enforcement authorities; or(c)members of the Service from performing the functions and exercising powers conferred by this Act or any written law.(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.