Public debate on the proposed National Intelligence Service (NIS) Bill kicked off with divided opinion on whether provisions in the Bill are consistent with the Constitution.
Speakers at a forum organised to debate the proposed law agreed some sections of the Bill needed clarity before it is passed into law.
The most controversial is section 19 of the Bill, which talks on limitations of rights of Kenyans when it comes to the interest of national security.
A former ambassador, Boaz Mbaya, said whereas the section has good intentions, it needs clarity. He contended on the need for the NIS to be involved in every security aspect of the State.
“Physical security alone cannot be enough for any state or society in this era of proliferation of small arms, terrorism, piracy and other forms of complicated crime. Intelligence has to be empowered to do their work to compliment the State,” said Mbaya.
Another speaker, Mumo Nzau, said the interest of the State should always supersede those of any individual.
He added, however, that the proposed law must pass the test of the Constitution.
Lawyer Harun Ndubi also sought clarity on the relationship between the service and other government agencies citing a provision that states all departments must co-operate with NIS, but does not specify on how the intelligence service will reciprocate.
The forum was organised by the East African School of Human Rights and participants were discussing the Bill in relation to several chapters of the Constitution that it touches on.
Section 31 of the Bill, which is expected in Parliament later in the month, says if the director-general believes on reasonable grounds that a warrant is required to enable the Service to investigate any threat to national security or to perform any of its functions, he or she may make an ex-parte application to a judge of the High Court for a warrant.
The Bill, however, says that in the event of extreme emergency, the director-general may exercise powers to search, whether or not an application to court has been made, provided that he or she will do so within 36 hours.
By CYRUS OMBATI, The Standard
