BY SAM ALFAN.
The rights to privacy for a National Intelligence Service (NIS) officers is limited, a judge has ruled.
Dismissing the petition by a former NIS officer, Employment and Labour Relations court judge Jorum Abuodha said NIS Act, allows for limitation of rights and freedoms of persons who are subject to investigations by the service.
The judge added that any officer suspected to have committed an offence may have their communication investigated, monitored or otherwise interfered with.
Samson Tuguro, a former NIS officer had challenged his dismissal from service after he was found guilty of charges against him.
“Apart from stating that position of Business Development Manager was given to another person, the Claimant provided no factual basis for the allegation. It is the finding of the Court that the Claimant has not on a balance of probabilities established that he was discriminated,” ruled the judge.
The judge added that Tuguro failed to demonstrate how he was discriminated against by being sent to the far-flung counties.
The officer alleged that the NIS Board obtained his cell-phone communication printouts as well as his bank statements without his consent and knowledge.
The Board used the information obtained to justify his dismissal from the force after finding that the officer couldn’t satisfactorily explain the source of the amounts in the bank accounts, as compared to his known income.
The Court also observed that by virtue of working for a key national institution in the security sector, officers shouldn’t expect “the rigours of civilian processes” to be strictly observed for them.
Tuguro narrated how he was appointed Intelligence Officer I (NIS Level 6) by the agency after successfully completing a Senior Intelligence Officer Basic Course at the National Intelligence Academy for Six months.
He was later promoted to Senior Intelligence Officer II (NIS LEVEL 7) on January 3, 2017 and later promoted to the position of Senior Intelligence officer I (NIS LEVEL 8) on July 1, 2020.
He said he was posted to Wajir County as the Senior Intelligence Officer in charge of Eldas Sub-County and a member of the Eldas Sub-County Security and Intelligence Committee where he worked until May, 2018 before he was transferred to Isiolo County as the County Analyst.
He worked in Isiolo County until February, 2022 when he was then transferred to Turkana to work in the same capacity.
The former officer said he worked so diligently and committedly and never had any disciplinary case or warning and his integrity was exemplary accompanied by high performance in all the years he served the NIS.
However, on or about the 25th of April, 2022 he was served with a show-cause letter for gross Misconduct.
He was subsequently interdicted on April 25, 2022.
The former officer said he was invited to appear before the Board of Inquiry at NIS Headquarters on the 15th of June, 2022.
He was further invited to a second meeting with six days later, where he invited two witnesses.Before and during the Inquiry, he said he raised concerns on the conduct of the matter.
His concerns, he said, were dismissed and he was instead warned by the Inquiry Officers that he did not have any right to make demands but to respond to the questions being asked.
He claimed that the Board Chairman attempted to coerce him to change his initial plea of not guilty to guilty and to write a mitigation plea for leniency seeking forgiveness since they had some incriminating evidence that would lead to his dismissal but the Petitioner rejected the approach.
On or about the 24th of July, 2022, the Turkana Intelligence Coordinator (CIC) notified him that the Board, Inquiry had found him guilty of all charges and he should await the final decision. However, asked him to urgently submit a mitigation plea to allow leniency final ruling.
He was subsequently dismissed from service on 23rd of August, 2022, which was to take effect from 1st September, 2022.But he challenged the decision arguing that it was unlawful and without justification whatsoever.
