Not many people know the intricate details about the top spy organ in Kenya, the National Intelligence Service (NIS), and its operations.
One of the early signs of intelligence gathering in Kenya were during the colonial period.
British colonialists recruited mercenaries as porters and guides. First, the mercenaries provided information, but later, served as community chiefs, displacing traditional leaders.
In 1926, the Special Branch was created and staffed by colonialists to collect information on criminal activities.
In the height of the independence struggle, its activities expanded from the collection of intelligence on criminal activities to investigation of citizens agitating for independence and the trade union movement.
The NIS, which was then known as the National Security Intelligence Service (NSIS), was created in 1999 by the enactment of the National Intelligence Security Act (1998).
Over 170 Special Branch officers were purged and the department was separated from the National Police.
Arrest authority was removed from the intelligence department, and a tribunal was established for complaints against the intelligence service.
Below are some questions people often ask about the NIS.
1. When was the NIS created?
The NIS was created by the enactment of the National Intelligence Security Act (1998) in January 1999.
2. What does the NIS do?
The NIS has a mandate to identify threats against the security of Kenya, collect and analyze intelligence on these threats, and advise the Government accordingly through appropriate intelligence reports.
3. What constitutes a threat to the security of Kenya?
According to the NIS Act, a threat” means—
(a) Any activity relating to espionage, sabotage, subversion, terrorism, organized crime, or intention to commit any such activity which is or may be directed against, or detrimental to the integrity, sovereignty, economic well-being or other national interests of Kenya and includes any other activity performed in conjunction with any activity relating to espionage, sabotage, organized crime, terrorism or subversion;
(b) Any activity directed at undermining, or directed at or intended to bring about the destruction or to overthrow by unlawful means of the constitutionally established system of government in the Republic.
(c) Any act or threat of violence or unlawful harm that is directed at or intended to achieve, bring about or promote any constitutional, political, industrial, social or economic objective or change in Kenya and includes any conspiracy, incitement or attempt to commit any such act or threat.
(d) Any action or intention of a foreign power within or outside Kenya that is detrimental to national security and is clandestine or deceptive or involves a threat to the well-being of the Republic and its citizens or any other person lawfully resident in Kenya.
4. Is the NIS a branch of the National Police Service?
No. The NIS is a civilian agency dedicated to protecting the national security interests of Kenya and safeguarding its citizens. Some of the threats under NIS investigation like terrorism can have criminal implications. In such cases, the Directorate of Criminal Investigations (DCI) would investigate and lay the appropriate criminal charges.
5. What is the difference between the NIS and the DCI?
The DCI is the branch of the Kenya Police charged with the mandate of prevention, detection, investigation, and prosecution of serious crimes in Kenya. This role differs from that of the NIS, which is a civilian agency without any Police powers of search, arrest, and prosecution.
6. Which security arm of the government carried out the functions of security intelligence before the NIS was formed?
Before January 1999 when the NIS Act became operational, security intelligence was handled by the Directorate of Security Intelligence (DSI), a department of the Office of the President, which operated under a Presidential Charter of 1978 and the Police Act.
In the 1980s, the DSI took over the functions of the Kenya Police Special Branch, which had been established under as a branch of the Kenya Police Force during British colonial rule.
7. Does the NIS conduct investigations in government departments and private institutions?
The NIS is very sensitive to Human Rights issues and the individual freedoms guaranteed by the Kenya Constitution and other statutes. Individuals in Government or private society can only come under NIS investigation if they become part of the threat to national security.
An example here is the case of some government employees and private citizens who facilitated the illegal acquisition of Kenyan IDs and residence for some of the terrorists who were involved in the 1998 bomb attack on the US Embassy in Nairobi that killed over 250 people.
8. Why does the government need NIS when there are the news media and other government agencies like the Ministry of Information, already providing useful information on many issues?
Security intelligence is information from both open sources and confidential NIS sources. This information is specially processed and formulated to assist the government in decision-making.
The NIS is mandated and has the capacity to provide new intelligence while adding value to what can be found in other government reports or in news stories.
9. How can one join the NIS?
Careers within the NIS are open to Kenyan citizens who are over 18 years old and meet the qualifications required.
The wide range of NIS activities makes it imperative that employees possess a variety of academic backgrounds and abilities.
To operate effectively, the NIS needs expertise from various professional backgrounds including engineers, lawyers, scientists, communication technicians, and other specialists.
Those who possess the required qualifications and submit applications are subjected to a rigorous recruitment process that is aimed at employing the best people for the jobs available.
Because of the sensitive nature of security intelligence work, all applicants undergo security vetting, which is carried out by the Service.
