ADVOKS GLOBAL · KENYA
National Intelligence Service Act
61. Prohibition of unauthorized disclosure of information
Edition: 2022-12-31 · In force
61. Prohibition of unauthorized disclosure of information
(1)Any person who discloses or uses any information gained by him or her by virtue of his or her employment otherwise than in the strict course of his or her official duties or without the authority of the Director-General commits an offence.(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.