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{
"id": 307416,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/307416/?format=api",
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"type": "speech",
"speaker_name": "Mr. Letimalo",
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"speaker": {
"id": 68,
"legal_name": "Raphael Lakalei Letimalo",
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"content": "Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to this Bill, which I support. Mr. Deputy Speaker, Sir, the National Intelligence Service (NIS) is one of the national security organs. Article 242 of our Constitution says: “The National Intelligence Service is responsible for security intelligence and counter intelligence to enhance national security, in accordance with the Constitution.” Mr. Deputy Speaker, Sir, certainly to provide the counter-intelligence and promote national security, it means that the NIS has to collect information. This is where I differ with my colleague, hon. Mbadi. I wish he was prevailed upon just to hear my views. This is because when collecting information, certainly, this information has to be classified. This classification has been defined. My understanding here is that if the information has been rated “top secret”, then it means that if it is disclosed to an unauthorized person, it will cause grave damage to the interests of this State. It is also different when you have information that is classified “secret”. The same also applies to “confidential” and “restricted” information. So, it means, therefore, that if we disclose this information, according to the rating, to an unauthorized person, then we are exposing this country to grievous damage or something that is prejudicial to the interest of this country. Mr. Deputy Speaker, Sir, if you compare that with Clause 52 of the Bill, on the offences that may be committed by members of the Service--- Clause 52 says:- “A member of the Service shall not subject any person to torture, cruel, inhuman, or degrading treatment.” If one is found to have committed such an offence, it says that a member of the service who subjects a person to torture commits an offence and is liable on conviction to imprisonment for a term not exceeding 25 years. We used to have the torture chambers where suspects would be treated in a cruel manner. They would be tortured so that they give information. They would be intimidated to give out information. A lot of fear was created. So, if a member of the service commits an offence and is given this kind of punitive punishment, then it is also important that any Kenyan who discloses information that is injurious to the interest of Kenyans, or information that may cause grave damage to the interest of Kenya, then he or she must be punished to that extent, that is, seven years. For me, it is important that we protect the interest of Kenya. Members of this service, I am of the view that they should be armed. They should have the warrant of arrest. This is because, for one, members of this service belong to the group that we call the disciplined force. These are people who have undertaken various courses to do with security. They have also been trained on how to handle firearms. These are people who have actually put their lives in danger. In many cases they are pursuing criminals and we know that many of the criminals are armed. When trailing a criminal, members of this service are unable to arrest because they have not acquired a"
}