National Security

Part 1—National Security Organs

1. 238Principles of national securityNational security means protecting Kenya, its people, rights, property, peace and stability from internal and external threats. It is subject to the Constitution and Parliament, must respect the rule of law and human rights, respect cultural diversity, and recruitment must reflect Kenya's diversity.
2. 239National security organsThe national security organs are the Kenya Defence Forces, the National Intelligence Service and the National Police Service. They must not act in a partisan way or further any party's interest, and answer to civilian authority. Private military groups are barred unless the law allows.
3. 240Establishment of the National Security CouncilThis Article creates the National Security Council, chaired by the President, with the Deputy President, key Cabinet Secretaries, the Attorney-General and security chiefs. It supervises security organs and reports annually to Parliament. Deploying forces abroad, or approving foreign forces in Kenya, needs Parliament's approval.

Part 2—The Kenya Defence Forces

1. 241Establishment of Kenya Defence Forces and Defence CouncilThis Article creates the Kenya Defence Forces (Army, Air Force and Navy) to defend Kenya's sovereignty and territory. They help in emergencies and may be deployed to restore peace in unrest only with National Assembly approval. A Defence Council oversees policy and control.

Part 3—The National Intelligence Service

1. 242Establishment of National Intelligence ServiceThis Article creates the National Intelligence Service, responsible for security intelligence and counter-intelligence to strengthen national security, plus any other functions set by national law.

Part 4—The National Police Service

1. 243Establishment of the National Police ServiceThis Article creates the National Police Service, made up of the Kenya Police Service and the Administration Police Service. It is a national service working throughout Kenya.
2. 244Objects and functions of the National Police ServiceThe National Police Service must aim for high professionalism and discipline, prevent corruption, be transparent and accountable, comply with human rights standards, train staff in competence, integrity and respect for rights, and build relationships with society.
3. 245Command of the National Police ServiceThe Inspector-General, appointed by the President with Parliament's approval for a single four-year term, commands the police independently. The Cabinet Secretary may give policy directions, but no one may direct the Inspector-General on investigating or enforcing the law against particular people, or on police staffing.
4. 246National Police Service CommissionThis Article creates the National Police Service Commission. It recruits, appoints, promotes, transfers and disciplines police officers, observing due process. The police service's make-up must reflect Kenya's regional and ethnic diversity.
5. 247Other police servicesParliament may pass legislation setting up other police services, under the supervision of the National Police Service and the command of its Inspector-General.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.