NATIONAL SECURITY,
CHAPTER 14, THE CONSTITUTION OF KENYA
By: Lyla Latif, RACHIER &
AMOLLO ADVOCATES
National Security, what does it
mean?
 Art. 238 – protecting Kenya against threats
 National Security Principles - Ar...
What organs make up the National
Security?
 Organs - Art. 239 (1);
 Kenya Defence Forces - Art. 241
 Kenya Army
 ...
General functions - Art. 239 (2) &
(3)
 Should DO:
 Promote and guarantee national security
 Should NOT do:
 Act ...
Specific functions - Art. 241 (3), Art.
242 (2), Art. 244, Art. 246 (3)
 Kenya Defence Forces - Art. 241 (3)
 Defence...
Sole prerogative of Government -
Art. 239 (4)
 National Security sole prerogative of
Government - Art. 239 (4)
 No p...
National Security Council, What is
it and what’s its purpose?
 Art. 240 (1) – Establishment of NSC
 Composition - Art...
National Police Service
Commission: The Governance Body
 Art. 246
 Its purpose – Art. 246 (3) – purely
administrativ...
THE END

of 9

Provisions on National Security in Kenya's Constitution

Published on: Mar 3, 2016
Published in: Law      
Source: www.slideshare.net


Transcripts - Provisions on National Security in Kenya's Constitution

  • 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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