The National Security

Part 1: The National Security organs

Article 239: Establishment of the National Security Council

(1) There is established a National Security Council.
(2) The Council consists of—

(a) the President;
(b) the Deputy President;
(c) the Cabinet Secretary responsible for defence;
(d) the Cabinet Secretary responsible for foreign affairs;
(e) the Cabinet Secretary responsible for internal security;
(f) the Attorney-General;
(g) the Chief of Kenya Defence Forces;
(h) the Director-General of the National Intelligence Service; and
(i) the Inspector-General of the National Police Service.

(3) The Council shall exercise supervisory control over national security organs and perform any other functions prescribed by national legislation.
(4) The President shall preside at meetings of the Council.
(5) The Council shall appoint its secretary.
(6) The Council shall–

(a) integrate the domestic, foreign and military policies relating to national security in order to enable the national security organs to co-operate and function effectively; and
(b) assess and appraise the objectives, commitments and risks to the Republic in respect of actual and potential national security capabilities.

(7) The Council shall report annually to Parliament on the state of the security of Kenya.
(8) The Council may, with the approval of Parliament–

(a) deploy national forces outside Kenya for–

(i) regional or international peace support operations; or
(ii) other support operations; and

(b) approve the deployment of foreign forces in Kenya.

Article 240: National Security Organs

(1) The national security organs are–

(a) the Kenya Defence Forces;
(b) the National Intelligence Service; and
(c) the National Police Service.

(2) The primary object of the national security organs and security system is to promote and guarantee national security in accordance with the principles mentioned in Article 238 (2).
(3) In performing their functions and exercising their powers, the national security organs and every member of the national security organs shall not–

(a) act in a partisan manner;
(b) further any interest of a political party or cause; or
(c) prejudice a political interest or political cause that is legitimate under this Constitution.

(4) A person shall not establish a military, paramilitary, or similar organisation that purports to promote and guarantee national security, except as provided for by this Constitution or an Act of Parliament.
(5) The national security organs are subordinate to civilian authority.
(6) Parliament shall enact legislation to provide for the functions, organisation and administration of the national security organs.

Article 241: Principles of National Security

(1) National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace,stability and prosperity, and other national interests.
(2) The national security of Kenya shall be promoted and guaranteed in accordance with the following principles–

(a) national security is subject to the authority of this Constitution and Parliament;
(b) national security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms;
(c) in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within Kenya; and
(d) recruitment by the national security organs shall reflect the diversity of the Kenyan people in equitable proportions.

Related: Kenyan Constitution, Chapter Thirteen, Part 2, Article 233 to 236