[kictanet] FW: Legalizing Phone Tapping in Kenya?

[Edwin Onchari]

I am limited in interpreting the legal jargon, but in my plain understanding
on reading through this - reminds me of the movie "Enemy of the State" . Too
many loopholes in this, here is one disturbing example, where the DG can
unilaterally authorize a wiretap without a warrant:

 

 


31(10) In the event of extreme emergency or existence of exceptional
circumstances, the Director General may exercise powers under subsection
(5), whether or not an application referred to in subsection (1) has been
made or not, provided that the Director General shall, as soon as practical
but not later than thirty six hours after exercising any of the powers under
subsection (5) make an application to a judge in accordance with the
provisions of this section. 

 

So what happens after the 36 hours the judge declines the application, the
wiretap would have occurred anyway.and probably an innocent life ruined!
...and then who is credibly going to "monitor" those monitoring.what if the
Judge and DG collude/get blackmailed- see the minimal penalty below that
will encourage such an abuse especially for the rich?. and how/when will
citizens get to know when  some overzealous officers have been tapping their
lines without a warrant so as to complain to the "Complaints Commission"
without fear of intimidation?

 


28. Any person who assaults, willfully obstructs, hinders, resists,
knowingly lies, misleads, unduly influences or exerts pressure on the
Director General or any officer of the Service or any person acting under
the direction of the Director General or such other officer in the due
execution of his duties under this Act commits an offence and shall, on
conviction, be liable to imprisonment for a term not exceeding two years or
a fine not exceeding three hundred thousand shillings, or to both. 

 

As is, this bill has way too many loopholes!

 

Edwin

 

From: kictanet-bounces+eonchari=lynxbits.com at lists.kictanet.or.ke
[mailto:kictanet-bounces+eonchari=lynxbits.com at lists.kictanet.or.ke] On
Behalf Of Grace Githaiga
Sent: Monday, October 10, 2011 11:36 AM
To: Edwin
Cc: kictanet at lists.kictanet.or.ke
Subject: Re: [kictanet] FW: Legalizing Phone Tapping in Kenya?

 

Thats the link to the  National Intelligence Bill 2011.
http://www.nsis.go.ke/NIS%20DRAFT%20BILL.pdf

 Rgds
Grace
----------------------------------------------------------------------------
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If you have the strength to survive, you have the power to succeed. Life is
all about choices we make depending upon the situation we are in. Go forth
and rule the World!

 

  _____  

From: eadera at idrc.or.ke
Date: Mon, 10 Oct 2011 11:22:19 +0300
Subject: Re: [kictanet] FW: Legalizing Phone Tapping in Kenya?
CC: kictanet at lists.kictanet.or.ke
To: ggithaiga at hotmail.com

An analysis of the drafted legislation (circulated to the list a while back)
would be useful and a debate on the same would help ensure that the draft
bill - on its way to parliament as we speak - can take into consideration
best practice and safeguard both public security and privacy (areas of clear
tension).

 

Edith.

 

  _____  

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