1. NATIONAL SECURITY,
CHAPTER 14, THE CONSTITUTION OF KENYA
By: Lyla Latif, RACHIER &
AMOLLO ADVOCATES

2. National Security, what does it
mean?
 Art. 238 – protecting Kenya against threats
 National Security Principles - Art. 238 (2)

3. What organs make up the National
Security?
 Organs - Art. 239 (1);
 Kenya Defence Forces - Art. 241
 Kenya Army
 Kenya Air Force
 Kenya Navy
 National Intelligence Service - Art. 242
 National Police Service - Art. 243
 Kenya Police Service
 Administration Police Service

4. General functions - Art. 239 (2) &
(3)
 Should DO:
 Promote and guarantee national security
 Should NOT do:
 Act in a partisan manner
 Further interest/cause of a political party
 Prejudice a political interest/cause that is
constitutional

5. Specific functions - Art. 241 (3), Art.
242 (2), Art. 244, Art. 246 (3)
 Kenya Defence Forces - Art. 241 (3)
 Defence Council
 National Intelligence Service - Art. 242 (2)
 National Police Service - Art. 244
 Inspector General and powers – Art. 245 (2) & (4)

6. Sole prerogative of Government -
Art. 239 (4)
 National Security sole prerogative of
Government - Art. 239 (4)
 No person is to establish a military, paramilitary or
similar organisation that promotes and guarantees
national security.

7. National Security Council, What is
it and what’s its purpose?
 Art. 240 (1) – Establishment of NSC
 Composition - Art. 240 (2)
 Purpose - Art. 240 (3), (6), (8)

8. National Police Service
Commission: The Governance Body
 Art. 246
 Its purpose – Art. 246 (3) – purely
administrative! Operates like a Human Resource
Department! (to recruit, to appoint, to promote,
to transfer, to discipline)

9. THE END
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