In recent weeks, the National Intelligence Service (NIS) has been linked to the recent Gen Z abductions.
On Tuesday, Public Service Cabinet Secretary Justin Muturi claimed that the intelligence agency and its director, Nordin Haji, had been involved in the abduction of his son, Leslie Muturi.
In a statement recorded at the Directorate of Criminal Investigations, Muturi claimed that it was only after President William Ruto's intervention that his son was freed, despite his efforts to reach out to Haji.
These claims follow previous allegations made by former Deputy President Rigathi Gachagua in October 2024, who linked the NIS to assassination attempts on his life.
However, Haji has maintained silence on these issues, neither confirming nor denying the accusations.
In light of these developments, it is crucial to understand what the NIS is, its constitutional mandate, and its role in safeguarding national security.
What is NIS?
NIS is Kenya's principal intelligence agency tasked with providing both domestic and foreign intelligence.
The agency's responsibility includes gathering and analysing information related to national security, with a focus on identifying and addressing potential threats to the safety and stability of the country.
NIS, which was previously known as the National Security Intelligence Service (NSIS), traces its origins to the "Special Branch," a department of the police force established during British colonial rule in 1952.
Special Branch was initially responsible for intelligence operations in Kenya during the Mau Mau Uprising, and its mandate was expanded in the post-independence era to cover a broad spectrum of intelligence activities.
In 1998, the Parliament passed the National Security Intelligence Service Act, which formally created the NSIS as a statutory body, replacing the Directorate of Security Intelligence, which had been popularly referred to as the "Special Branch."
A significant reform followed in 1999, separating the NSIS from the police, and removing the authority of the agency to make arrests.
Furthermore, a tribunal was established to review complaints against the intelligence service.
In 2012, the NSIS was restructured and renamed the National Intelligence Service (NIS).
Today, the NIS is a highly organised agency divided into several sections, each with specific responsibilities.
These include administrative functions, information technology, internal intelligence, external intelligence, analysis and production, operations, and training at the National Intelligence Academy.
NIS Organisational Structure
The NIS is divided into seven main sections, each managed by a director. These include:
1. Administration – Managed by the Director of Administration, this section handles the day-to-day operations and administrative functions of the service.
2. Information Technology – Under the Director of Information Technology, this section ensures the agency remains technologically advanced in its intelligence-gathering and analysis.
3. Internal Intelligence – Focused on domestic threats, this division deals with intelligence related to internal national security matters.
4. External Intelligence – Managed by the Director of External Intelligence, this section handles international threats, gathering intelligence beyond Kenya’s borders.
5. Analysis and Production – Under the Director of Economic Affairs, this division analyses intelligence gathered by NIS to produce actionable reports for government decision-making.
6. Operations – Managed by the Director of Operations, this section deals with executing intelligence operations to neutralize threats to national security.
7. National Intelligence Academy – Responsible for training intelligence officers and ensuring they are equipped with the necessary skills and knowledge to perform their roles effectively.
NIS Constitutional Mandate
The mandate of the NIS is enshrined in the Constitution and the National Intelligence Service Act of 2012.
According to the Constitution and the NIS Act, the agency is tasked with several critical functions, the primary one being the protection of national security.
1. Intelligence Gathering and Threat Identification
The NIS is responsible for investigating, gathering, evaluating, and interpreting both domestic and international intelligence.
This process is vital in identifying threats to the country’s security, which can be political, military, or economic.
The intelligence gathered is not only used for assessing potential dangers but also to help the government take proactive measures to protect the country's interests.
2. Advising the president and the government
As outlined in the NIS Act, the Director-General (DG) of NIS, a position currently held by Nordin Haji, serves as the principal advisor to the President and the government on matters related to national security.
The DG must ensure that the President and government are regularly briefed on potential threats to the country's security and take appropriate steps to mitigate these risks.
3. Protecting National Security Interests
Beyond intelligence gathering, the NIS is mandated to take necessary steps to protect the country’s security interests.
This includes advising on matters related to foreign policy, military operations, and economic stability.
The NIS must ensure that Kenya remains safe from external and internal threats that could disrupt its peace and stability.
4. Ensuring Accountability and Independence
One of the most critical roles of the NIS, as stipulated by the Constitution, is ensuring that its operations remain independent and free from political interference.
The agency must not be influenced by political considerations and should act solely in the interests of national security.
It is prohibited from advancing the interests of any political party or group within Kenya, ensuring that the NIS operates neutrally and professionally.
5. Collaboration with government agencies
The NIS is also tasked with establishing and maintaining a strong relationship with various government ministries, departments, and agencies.
This collaboration ensures that the entire government is aligned in its approach to addressing security challenges.
The Director-General must also ensure that the NIS works closely with other security agencies like the police and military, as part of a unified national security framework.
In summary, the NIS plays an essential role in safeguarding the country’s national security, through the gathering, analysis and dissemination of intelligence.
Its constitutional mandate is clear: to identify, advise, and act upon threats to the country's stability and security.
