By ZADOCK ANGIRA
The National Intelligence Service (NIS) is set to face greater scrutiny and accountability following the appointment of the chairperson and members of the Intelligence Service Complaints Board (ISCB).
Interior Cabinet Secretary Kipchumba Murkomen, through a Gazette Notice, appointed Joseph Gitonga Riungu as the chairperson of the board, alongside Naema Ibrahim Somo, Lawrence Nyalle, Charity Kagwi Ndung’u and Samwel Owino Wakiaga as members.
The five officials will serve for a three-year term.
The appointment is expected to pave the way for the operationalisation of the complaints board, which is mandated to receive and investigate complaints against NIS officers and promote accountability within the intelligence service.
The NIS operates largely under a veil of secrecy, with its budget, staffing and many of its operations classified. The complaints board is expected to provide an important mechanism for ensuring that the service exercises its powers lawfully and that officers do not act arbitrarily.
The Public Service Commission (PSC) advertised positions for the chairperson and members of the ISCB on January 22 as part of efforts to operationalise the board.
Section 66 of the NIS Service Act, 2012, provides for the establishment of the Intelligence Service Complaints Board comprising a chairperson and members.
The law requires the chairperson to have a legal background and at least 10 years’ experience as a distinguished academic, legal practitioner or in another relevant legal field.
The membership of the board is also required to include an advocate of the High Court, a retired senior intelligence officer and a person who has served in the public service.
The move to operationalise the board had previously been highlighted as a priority in efforts to strengthen accountability within the intelligence service.
While appearing before Parliament for vetting for the position of NIS Director-General on May 31, 2023, Noordin Haji said he would seek to establish why the complaints board had not been operationalised.
Haji said operationalising the board would provide an avenue for addressing complaints against intelligence officers while ensuring that the NIS adhered to the Constitution and the rule of law.
“I will go and look at why there have been delays to operationalise it. That will be one way of dealing with complaints against officers adequately,” Haji told the committee.
He added that he would ensure the NIS observed the Constitution and the rule of law.
Kenya’s intelligence system has undergone significant changes over the years, evolving from being largely viewed as an extension of the Executive to an institution with a greater degree of institutional autonomy under the constitutional order.
The NIS Act, 2012, requires intelligence officers to observe and uphold the Bill of Rights as well as the values and principles of good governance.
However, despite these legal and constitutional safeguards, many Kenyans remain unaware of mechanisms through which they can lodge complaints against intelligence officers.
The operationalisation of the ISCB is therefore expected to provide a formal avenue through which complaints can be received and addressed, while strengthening public confidence in the oversight of the intelligence service.
The Government is now expected to provide the board with the financial and administrative support required for it to discharge its mandate effectively.
Of particular importance will be ensuring adequate protection for witnesses and complainants who report alleged violations by NIS officers, given the sensitive nature of intelligence operations and the potential risks faced by those who come forward.
The board’s effectiveness will ultimately depend on its independence, resources and ability to investigate complaints impartially while safeguarding national security.
