National Security Council Act

The Act may be cited as the National Security Council Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 205
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Act may be cited as the National Security Council Act. Section 2 lists defined terms and gives their meanings for this Act. The Council must, while fulfilling its mandate under the Constitution, this Act or any other written law, observe and uphold the Bill of Rights and the stated governance, public service and national security principles. The Secretariat carries out the day-to-day administration and co-ordination of the affairs of the Council. Section 4 names the functions of the Council.

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Provisions of National Security Council Act

Showing 17 of 17

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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The Act may be cited as the National Security Council Act.

Section 1. Short title Section This Act may be cited as the National Security Council Act.
2
PRELIMINARY - 2. Interpretation
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Section 2 lists defined terms and gives their meanings for this Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to internal security; "classified information" has the meaning assigned to it under section 14 (2); "Council" means the National Security Council established by Article 240(1) of the Constitution; "national security" has the meaning assigned to it under Article 238(1) of the Constitution; "national security organs" means the Kenya Defence Forces, the National Intelligence Service and the National Police Service established by Articles 241, 242. and 243 of the Constitution respectively; "public officer" has the meaning assigned to it under Article 260 of the Constitution; "Republic" has the meaning assigned to it under Article 260 of the Constitution; "Secretariat" means the Joint Security Secretariat established under section 9 ; "secretary" means the secretary to the Council appointed by the Council under Article 240(5) of the Constitution and in accordance with section 7 ; "State officer" has the meaning assigned to it under Article 260 of the Constitution.
3
PRELIMINARY - 3. Guiding principles
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The Council must, while fulfilling its mandate under the Constitution, this Act or any other written law, observe and uphold the Bill of Rights and the stated governance, public service and national security principles.

Section 3. Guiding principles Section The Council shall, in fulfilling its mandate under the Constitution, this Act or any other written law, observe and uphold the Bill of Rights and observe the values and principles of governance in Article 10(2), the values and principles of public service in Article 232(1) and the principles of national security in Article 238 of the Constitution.

Part II

FUNCTIONS AND ADMINISTRATION OF THE COUNCIL

10
FUNCTIONS AND ADMINISTRATION OF THE COUNCIL - 10. Functions of the Secretariat
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The Secretariat carries out the day-to-day administration and co-ordination of the affairs of the Council.

Section 10. Functions of the Secretariat Section the day to day administration and co-ordination of the affairs of the Council;
4
FUNCTIONS AND ADMINISTRATION OF THE COUNCIL - 4. Functions of the Council
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Section 4 names the functions of the Council.

Section 4. Functions of the Council Section 4(1)(a) review and make recommendations on policies on matters relating to national security; Section 4(1)(b) prioritize the programs or activities that address the internal, foreign and defence interests on the national security of the Republic; Section 4(1)(c) receive reports from security organs on the implementation of the Council’s policy directives; Section 4(1)(d) develop and from time to time review the national security policy; Section 4(1)(e) identify and develop strategies to enable the security organs to respond to internal and external threats to the country’s sovereignty and territorial integrity; Section 4(1)(f) conduct an annual review of the internal, foreign and defence priorities relating to the national security of the Republic; Section 4(1)(g) advise the President on the declaration of a state of emergency; and Section 4(1)(h) perform such other functions as may be conferred on it by this Act or any other written law. Section 4(2) The supervisory function conferred on the Council by Article 240(3) of the Constitution shall not extend to operational control of the national security organs. Section 4(3) Subject to Article 6 of the Constitution, the Council shall devolve its services so far as it is appropriate to do so having regard to the nature of the services.
5
FUNCTIONS AND ADMINISTRATION OF THE COUNCIL - 5. Committees of the Council
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The Council may establish committees and co-opt persons to them; co-opted persons may attend and participate but have no right to vote.

Section 5. Committees of the Council Section 5(1) The Council may, from time to time, establish such committees of the Council as it may consider necessary for the effective discharge of its functions under the Constitution, this Act or any other written law. Section 5(2) The Council may co-opt into the committees established under subsection (1) other persons whose presence, participation, knowledge or skills are necessary for the proper performance of the functions of the Council. Section 5(3) A person co-opted under subsection (2) may attend the meetings of the committee and participate in the deliberations but shall have no right to vote at the meeting.
6
FUNCTIONS AND ADMINISTRATION OF THE COUNCIL - 6. Conduct of the affairs of the Council
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Section 6(1): The Council must conduct and regulate its business and affairs as provided in the First Schedule. Section 6(2): Except as provided in the First Schedule, the Council may regulate its own procedure.

Section 6. Conduct of the affairs of the Council Section 6(1) The conduct and regulation of the business and affairs of the Council shall be as provided in the First Schedule. Section 6(2) Except as is provided in the First Schedule, the Council may regulate its own procedure.
7
FUNCTIONS AND ADMINISTRATION OF THE COUNCIL - 7. Secretary to the Council
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Until the Council appoints its own secretary, the Secretary to the Cabinet shall serve as the secretary to the Council.

Section 7. Secretary to the Council Section Until the Council appoints its secretary, the Secretary to the Cabinet shall be the secretary to the Council. [Act No. 18 of 2014 , Sch.]
8
FUNCTIONS AND ADMINISTRATION OF THE COUNCIL - 8. Functions of the secretary
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The secretary must record Council proceedings, keep custody of Council records, prepare and circulate meeting agendas, arrange Council business, and perform other duties assigned by the Council; in the secretary's absence, any member of the Secretariat authorized by the Council may perform these functions.

Section 8. Functions of the secretary Section 8(1)(a) the recording of the proceedings of the Council; Section 8(1)(b) the custody of all records, minutes and documents of the Council; Section 8(1)(c) the preparation and circulation of the agenda for the meetings of the Council; Section 8(1)(d) arranging the business of the Council; and Section 8(1)(e) the performance of such other duties as may, from time to time, be assigned to him or her by the Council. Section 8(2) The functions of the secretary under this Act may, in the absence of the secretary, be performed by any member of the Secretariat authorized by the Council for that purpose.
9
FUNCTIONS AND ADMINISTRATION OF THE COUNCIL - 9. Joint Security Secretariat
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The section establishes a Joint Security Secretariat, states that the secretary shall be the head of the Secretariat, provides for deployment of officers and public officers to the Secretariat on the Council's request, deems deployed public officers to be officers of the Council and subject to its direction and control, and provides that deployed officers remain subject to the laws of their deploying organ.

Section 9. Joint Security Secretariat Section 9(1) There shall be a Secretariat of the Council to be known as the Joint Security Secretariat. Section 9(2) The secretary shall be the head of the Secretariat. Section 9(3)(a) such number of officers as may, upon request by the Council, be deployed from the national security organs; and Section 9(3)(b) such public officers as may, upon the request of the Council, be deployed to the Secretariat. Section 9(4) A public officer deployed to the Secretariat under subsection (3) shall be deemed to be an officer and public officer of the Council and shall be subject to the direction and control of the Council. Section 9(5) Notwithstanding the provisions of subsection (4), an officer deployed to the Secretariat under subsection (3) shall remain subject to the laws, regulations and orders applicable to the deploying organ or body.

Part III

MISCELLANEOUS PROVISIONS

11
MISCELLANEOUS PROVISIONS - 11. Oath of office
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The secretary and staff of the Council must, upon appointment, make and subscribe to the oath or affirmation in the Second Schedule.

Section 11. Oath of office Section The secretary and staff of the Council shall, upon their appointment, make and subscribe to the oath or affirmation set out in the Second Schedule.
12
MISCELLANEOUS PROVISIONS - 12. Confidentiality
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Members or staff of the Council must not publish or disclose Council documents, communications, or information learned in the course of their duties except with the Council's written consent or when acting in the course of their duties.

Section 12. Confidentiality Section 12(1) A member or staff of the Council, shall not, without the consent of the Council in writing, publish or disclose to any person other than in the course of his or her duties, the contents of any document, communication, or information which relates to, and which has come to his or her knowledge in the course of his or her duties under this Act. Section 12(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding seven years.
13
MISCELLANEOUS PROVISIONS - 13. Classification of Council documents and records
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The Council must, by Regulations, set procedures for managing, classifying and declassifying its documents and records, and those Regulations must be approved by Parliament.

Section 13. Classification of Council documents and records Section 13(1) The Council shall by Regulations, prescribe the procedures for the management, classification and declassification of documents and other records of the Council. Section 13(2) The Regulations made under this section shall be approved by Parliament.
14
MISCELLANEOUS PROVISIONS - 14. Limitation of the right of access to information
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Limits on access include protection of classified information and national security; the Cabinet Secretary may, by regulations, determine security classification categories; "classified information" is defined for the Act.

Section 14. Limitation of the right of access to information Section 14(1)(a) the protection of classified information; Section 14(1)(b) the maintenance and preservation of national security; Section 14(1)(c) where the disclosure is prejudicial to ongoing investigations or security operations; and Section 14(1)(d) where the enjoyment of rights and freedoms does not prejudice the rights and freedoms of other persons disclosing or publicizing information, the disclosure or publication of which would be prejudicial to national security. Section 14(2) For the purposes of this Act, "classified information" means any information of a particular security classification whose unauthorized disclosure would prejudice national security. Section 14(3) The Cabinet Secretary may by Regulations determine the categories of security classification. Section 14(4)(a) "top secret" which means information whose unauthorized disclosure would cause exceptionally grave damage to the interests of the State; Section 14(4)(b) "secret" which means information whose unauthorized disclosure would cause serious injury to the interests of the State; Section 14(4)(c) "confidential" which means information whose unauthorized disclosure would be prejudicial to the interests of the State; and Section 14(4)(d) "restricted" which means information whose unauthorized disclosure would be undesirable in the interests of the State. Section 14(5)(a) comply with Article 24 of the Constitution; and Section 14(5)(b) ensure the protection, maintenance of and promotion of national security, public safety, public order and protection of the rights and freedoms of others; Section 14(5)(b)(i) ensure the protection, maintenance of and promotion of national security, public safety, public order and protection of the rights and freedoms of others; Section 14(5)(b)(ii) be necessary to achieve the mandate of the Council; Section 14(5)(b)(iii) operate without discrimination; and Section 14(5)(b)(iv) be exceptional and not derogate the core or essential content of the right or freedom being limited.
15
MISCELLANEOUS PROVISIONS - 15. Financial provisions
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The Office of the President must bear the Council's expenses; Council members may be paid allowances determined by the Cabinet Secretary (in consultation with the Salaries and Remuneration Commission).

Section 15. Financial provisions Section 15(1) The expenses incurred by the Council in accordance with the Constitution and this Act shall be borne by the Office of the President. Section 15(2) The members of the Council may be paid such allowances as may be determined by the Cabinet Secretary responsible for matters relating to finance in consultation with the Salaries and Remuneration Commission.
16
MISCELLANEOUS PROVISIONS - 16. Annual reporting to Parliament
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Annual reporting to Parliament; reference to any particular issue referred to it by Parliament.

Section 16. Annual reporting to Parliament Section any particular issue referred to it by Parliament; and
17
MISCELLANEOUS PROVISIONS - 17. Regulations
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The Cabinet Secretary may make regulations with the approval of the Council.

Section 17. Regulations Section The Cabinet Secretary may, with the approval of the Council, make regulations, prescribing anything required by this Act to be prescribed or generally for the better carrying out of the provisions of this Act.

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