Powerful individuals who help in appointment of CDF
The National Security Council is among the government organs entrusted to help in making decisions about the appointment of a Chief of Defence Forces (CDF).
The office is domiciled in the Office of the President. The council was established under Article 240 of the constitution where Parliament was mandated to create and enact the National Security Council Act 2012.
In the current administration, the council membership consists of President William Ruto who chairs all its meetings, Deputy President Rigathi Gachagua, Defence Cabinet Secretary Aden Duale, his counterparts in Foreign Affairs Musalia Mudavadi and Kithure Kindiki of f Internal Security.
Other members include Attorney General Justin Muturi, the Chief of Defence Forces, National Intelligence Service Director General Noordin Haji and Inspector General of Police Japheth Koome.
The mandates of the Security Council as per the Act comprise reviewing and making recommendations on policies on matters relating to national security, receiving reports from security organs on the implementation of the Council’s policy directives and identifying and developing strategies to enable the security organs to respond to internal and external threats to the country’s sovereignty and territorial integrity.
The council can also advise the President on the declaration of a state of emergency and conduct an annual review of the internal, foreign and defence priorities relating to the national security of the Republic.
Quarterly meetings
The Act says the Council must meet at least four times in every financial year and not more than four months should elapse between the date of one meeting and the date of the next meeting.
President Ruto may convene a special meeting of the Council where it is expedient for the transaction of its business.
Any meeting of the council must be held in person in Kenya and the quorum of its meeting must be five members, including the chairperson.
To effectively discharge its constitutional mandates, the Act allows the council to create committees and coopt other persons whose presence, participation, knowledge or skills are necessary for the proper performance of its functions.
“A person co-opted in the council, may attend the meetings of the committee and participate in the deliberations but shall have no right to vote at the meeting,” the Act reads.
The functions of the council are conducted in total confidentiality as no member or staff of the Council can disclose any information relating to its operations without written consent of the council.
“A person who contravenes subsection (1) (on confidentiality) commits an offence and is liable on conviction to imprisonment for a term not exceeding seven years,” the Act states.
