Sunday, March 4, 2012

Spy agency on the spot over key Bill



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The Committee for the Implementation of the Constitution (CIC) chairman Charles Nyachae. Photo/FILE
The Committee for the Implementation of the Constitution (CIC) chairman Charles Nyachae. Photo/FILE 
By LUCAS BARASA lbarassa@ke.nationmedia.com
Posted  Sunday, March 4  2012 at  22:30
IN SUMMARY
  • Experts say the proposed law gives too much power to the NIS boss and should be shelved
A controversial Bill that gives the National Intelligence Service (NIS) powers to at times search premises without a court warrant is to be discussed in Nairobi on Monday.
The East African School of Human Rights (EASHR) will host the debate on the draft National Intelligence Service Bill that is expected to be attended by, among others, the Committee for Implementation of the Constitution (CIC) chairman Charles Nyachae.
EASHR chief executive officer Atunga Atuti said participants will discuss the Bill in relation to several chapters of the Constitution that it touches on. The debate will also focus on whether the law adheres to international best practices.
Section 31 of the Bill 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.
This is in accordance with the sub-section.
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.
“The provision causes worries of illegal detention,” Mr Atuti said, adding that the country would be creating a “monster” if NIS is allowed to search without a court warrant. Unlike other Bills, the NIS Bill will not go through the Cabinet.
The Bill has also been drafted by the NIS itself rather than by the concerned Ministry of State for Provincial Administration and Internal Security.
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There are also complaints that the agency took the draft law directly to the CIC without undergoing the due process that other Bills undergo.
On Sunday, Mr Atuti asked why the bill states that NIS will not be involved in torture yet, unlike the police commission, it lacks custodial powers.

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