Daily kenyan Knowledge

National Intelligence Service -NIS

History
1952 - Creation of Special Branch and operated under the commissioner of police as a secret intelligence unit for the Colonial Government during the Mau Mau uprising.
1963 - Special Branch separated the Police Force
1969 - Formalization of operations through presidential charter.
1986 - Special Branch transformed into the Directorate of Security Intelligence (DSI) through presidential charter.
1999 - Creation of The National Security Intelligence Service (NSIS) as a disciplined civilian agency following the enactment of NSIS Act, 1998. Arrest authority of service members was removed from the NSIS.
2010/2012 - NSIS became The National Intelligence Service (NIS) - a disciplined civilian intelligence agency- after enactment of the new constitution.

Divisions of NIS- Each division is headed by a director who reports to the Director-General

The eight divisions are as follows: -

[ul]
[li]Internal - The Internal Division is responsible for gathering Kenyan Internal intelligence on political, social-economic and security issues.[/li][li]External - The External Division is responsible for the collection of foreign intelligence in relation to political, social, Economic and security issues. In addition, the Division is responsible for Intelligence on organized crime.[/li][li]Administration - This division is responsible for the general administration, financial and Human Resource management of the Service. [/li][li]National Intelligence Academy - The National Intelligence Academy has the responsibility of identifying the training needs of the Service and implementing training programmes for intelligence officers.[/li][li]Analysis and Production - The Division has the role of analysis, production and dissemination of intelligence to the NIS customers. [/li][li]Counter Terrorism Coordination - The Division is mandated to deal with Counter Intelligence and Counter Espionage.[/li][li]Counter Intelligence -The Division is mandated to deal with Counter Intelligence and Counter Espionage.[/li][li]Operations and Technical Services - The Division is responsible operational support in the collection of intelligence and applying information and communication technologies in support of the core function of the Service.[/li][/ul]
Authority of the NIS - National Intelligence Service Act (2012)- Rev 2014.

Interesting tidbits about the act
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.

An officer of the Service may stop, arrest and handover any person to the nearest police station whom the officer-
(a) witnesses engaging in a serious offence; or
(b) finds in possession of any object or material that could be used for the commission of a serious offence.

The Director-General may, in consultation with the Council(“Council” means the National Intelligence Service Council established under section 64), request for a public officer to be seconded or temporarily attached to the Service from either level of government for a specific period of time and on such terms and conditions as may be agreed upon between the Director-General and the seconding body.

Limitation of political rights
(1) The political rights set out in Article 38 of the Constitution may be limited to the extent that a member of the Service shall not—
(a) form, join, participate in the activities, campaign for a political party or political cause or recruit members for a political party; or
(b) serve as a member of Parliament, the Senate, a county assembly or any other political body.
(2) The provisions of subsection (1) shall not apply to the members’ right to register as a voter and to vote in an election, by-election or a referendum.

The Cabinet Secretary (“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to national intelligence) may by regulations determine the categories of security classification.
The categories of classified information referred to under subsection (3) may include—
(a) “top secret” which means information whose unauthorized disclosure would cause exceptionally grave damage to the interests of the State;
(b) “secret” which means information whose unauthorized disclosure would cause serious injury to the interests of the State;
(c) “confidential” which means information whose unauthorized disclosure would be prejudicial to the interests of the State; and
(d) “restricted” which means information whose unauthorized disclosure would be undesirable in the interests of the State

The Cabinet Secretary may, by notice in the Gazette, prohibit or restrict access to land or premises under the control of the Service.

It shall be the duty of every person, State organ, State department or agency or public entity to afford the Service the co-operation and assistance necessary to enable it perform its functions under the Constitution, this Act or any other written law.

A member of the service shall use a firearm only where less extreme means are inadequate and for the following purposes—
(a) saving or protecting the life of the member of the Service or any other person; and
(b) in self-defence or in defence of another person against imminent threat of life or serious injury.

Other Intelligence units in Kenya include:
Kenya Defense Forces Directorate Of Military Intelligence (KDF-DMI)
Criminal Intelligence Unit (CIU) under the Directorate of Criminal Investigations (DCI)

Corrections are appreciated.

Umesahau NIU (Naswa Intelligence Unit)