KENYAN CONSTITUTION OVERVIEW Chapter Fourteen National Security
Within this Chapter, the Constitution outlines the framework and responsibilities of the national security system in Kenya, encompassing entities such as the Kenya Defence Forces, the National Intelligence Service, and the National Police Service.
?According to Article 238, national security is defined as safeguarding Kenya's territorial integrity, sovereignty, and the well-being of its people, including their rights, freedoms, property, peace, stability, and prosperity. It emphasizes the need to pursue national security while upholding democratic principles, the rule of law, and respect for human rights.
?Article 240 establishes the National Security Council, tasked with coordinating and advising on national security matters. Comprising the president, deputy president, relevant cabinet secretaries, the attorney general, the chief of the Kenya Defence Forces, and the Inspector General of the police, this council plays a crucial role in ensuring effective coordination.
?Article 241 details the roles and functions of the Kenya Defence Forces and the Defence Council. The Kenya Defence Forces consist of the Kenya Army, Kenya Air Force, and Kenya Navy, responsible for defending the Republic's sovereignty, territorial integrity, and performing other designated duties. As Commander-in-Chief, the president holds the authority to deploy the defence forces in safeguarding Kenya.
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?Article 242 provides for the establishment of the National Intelligence Service, which serves as a civilian oversight mechanism to supervise the security sector and ensure their compliance with the law while respecting human rights.
?Articles 243 to 245 establish the National Police Service and outline its functions. The service comprises the Kenya Police and the Administration Police Service. The Inspector General, appointed by the president with the approval of the national parliament, serves as the commander of the National Police Service. The articles also delineate the circumstances under which the president can remove the Inspector General from office.
Article 246 establishes the National Police Service Commission, consisting of a High Court judge, two retired senior police officers, three distinguished individuals of integrity who served the public, and the Inspector General and their deputies. This commission assumes the responsibility of recruiting and appointing police officers and overseeing disciplinary matters within the police service.