The National Security Council (NSC) is established under Article 240 of the Kenyan Constitution and further defined in the National Security Council Act. It is responsible for coordinating national security policies and overseeing security organs.
Composition of the National Security Council
The NSC consists of:
✔ The President (Chairperson)
✔ The Deputy President
✔ Cabinet Secretary for Defence
✔ Cabinet Secretary for Foreign Affairs
✔ Cabinet Secretary for Internal Security
✔ Attorney-General
✔ Chief of Kenya Defence Forces
✔ Director-General of National Intelligence Service
✔ Inspector-General of National Police Service
The President presides over NSC meetings and appoints its Secretary.
Functions of the National Security Council
Under Article 240(3), (6), and (8) of the Constitution, the NSC is responsible for:
1. Supervisory Control Over Security Organs
✔ Oversees the Kenya Defence Forces, National Intelligence Service, and National Police Service.
✔ Ensures they cooperate and function effectively.
✔ Cannot interfere with operational control of security organs.
2. Coordinating National Security Policies
✔ Integrates domestic, foreign, and military security policies.
✔ Assesses security threats, risks, and national security capabilities.
3. Deployment of Forces
✔ Can deploy national forces abroad for:
- Regional or international peace support operations.
- Other approved military operations.
✔ Can approve foreign forces’ presence in Kenya, subject to Parliament’s approval.
4. Reporting to Parliament
✔ Submits an annual security report on the state of security in Kenya.
Additional Functions Under the National Security Council Act
Under Section 4 of the NSC Act, the Council also:
✔ Reviews and recommends security policies.
✔ Prioritizes security programs and activities.
✔ Receives reports from security organs on policy implementation.
✔ Develops and updates national security policies.
✔ Identifies and responds to internal and external security threats.
✔ Conducts annual security reviews on internal, foreign, and defence matters.
✔ Advises the President on declaring a state of emergency.
✔ Devolves security services in line with Article 6 of the Constitution.
Conclusion
The National Security Council (NSC) plays a crucial role in supervising national security, coordinating policies, and ensuring national stability. However, its oversight is limited to strategic direction, while operational control remains with security organs.