MPs want national spy agency director vetted by Parliament

The next director-general of the national spy agency will be vetted by Parliament if President Kibaki signs the National Intelligence Service Bill into law.

MPs analysed the Bill, which seeks to transform the National Security Intelligence Service into the National Intelligence Service, clause by clause in a special sitting on Friday, where they also denied the unit the powers to vet them.

The Executive on the other hand marshalled enough support to throw out an amendment that would have allowed Parliament to be updated on operations on the unit on a regular basis.

The MPs’ opinion on the functions and powers of the service established in Article 242 (1) and responsible for national security intelligence was openly divided.

The government opposed the involvement of MPs in the appointment of the unit’s boss, saying it would politicise the process. Several MPs supporting this argument.

Finance minister Njeru Githae, representing acting Internal Security minister Yusuf Haji, said there should be some confidence between the director-general and the appointing authority.

He was supported by Maragua MP Elias Mbau, who argued that the office holder should enjoy security of tenure.

Gichugu MP Martha Karua argued that the President must have a free hand in appointing the head of the unit.

“We must leave some decisions to the CEO of the country. These are the best practices all over the world.”

Although the lawmakers rejected a proposal that would have allowed the service to vet them, they amended the provision to only allow it to give confidential reports to agencies in charge of positions that require scrutiny.

Parliament also denied the unit powers to arrest and to conduct searches in crime suspects’ homes and seize property without a court order.

Provisions to give the service powers to investigate and monitor the privacy of one’s communications if suspected of any offence also attracted heated debate, with a section of MPs expressing fears that it could be abused.

Nominated MP Millie Odhiambo proposed a fine of Sh5 million and 10 years imprisonment for any service member who contravened the provisions of the Bill. The Bill had proposed a fine of Sh500,000 and a five-year jail term.

An attempt to include Parliament among authorities that the director-general should report to on threats to national security was also quashed.

The Executive and several MPs argued that the intelligence service must enjoy some level of confidentiality.

Also attracting debate were provisions on qualifications of the unit’s bosses, with MPs opposing a proposal to increase the years of experience for one to be qualified for appointment as a director of a division to 10 years.

They argued that the provision would lock out young people from leadership positions in the service.