Image courtesy of parliament.go.ke
A bill proposing Kenya’s National Intelligence Service (NIS) gets access to people’s SMSs and private messages has been tabled in the National Assembly.
The Standard reports the NIS is seeking the powers as enshrined in the Statute Law Miscellaneous (Amendment) Bill (2014). It proposes the deletion of section 36 (2) of the current act, on limitation to right to privacy as enshrined in Article 31 of the Constitution, which provides for the court’s participation.
“The right to privacy may be limited in respect of a person suspected to have committed an offence to the extent that the privacy of a person’s communications may be investigated, monitored or otherwise interfered with,” reads the part targeted for amendment.
The role of the court is to mitigate on the need to protect privacy of mobile and internet users while allowing government agents to monitor the activities of those they suspect of involvement in criminal activities such as terrorism, money laundering, drug trafficking and corruption.
But this role will not need to be exercised if parliament grants the wish of the NIS, which Section 42 empowers to browse messages only after obtaining a court warrant.
