Azimio la Umoja One Kenya Coalition Party leader Raila Odinga has raised concerns about a purported plan by President William Ruto to weaken the authority of the National Security Council. Odinga alleges that Ruto aims to achieve this by establishing the position of the National Security Advisor, who would also serve as the secretary to the council.
Odinga contends that the Kenya Kwanza administration is attempting to undermine the country’s national security architecture through the National Government Administration Laws Amendment Bill 2023. Within this bill, one of the targeted Acts for amendment is the National Security Council Act. Section 7 of the amendment Bill outlines the creation of the office of the National Security Advisor.
According to the proposed amendment, the President would nominate the National Security Advisor based on the recommendation of the Public Service Commission. Subsequently, the appointment would require approval from the National Assembly. The National Security Advisor would then function as the secretary to the National Security Council. Odinga views this move as an attempt by the Executive to influence the critical decisions made by the council.
Odinga emphasized that the new position of the National Security Advisor doesn’t align with the constitutional structure, constituting an effort by Kenya Kwanza to establish a new national security entity beyond the constitutional framework. He pointed to Article 240 of the Constitution, which establishes the National Security Council and defines its membership.
He argued that the Constitution mandates the appointment of the secretary to the National Security Council by the council members, and Parliament lacks the authority to alter this provision unless through constitutional amendment. Odinga expressed concern that if the amendment Bill becomes law, the President would encroach upon the powers of the National Security Council.
He raised questions about the necessity of the National Security Advisor role, stating that the Constitution already outlines the organization and administration of national security. Odinga warned of potential interference with the work of defense forces, intelligence services, and the police, portraying it as an attempt to undermine the Constitution.
Odinga further criticized the lack of defined roles, reporting structure, and alignment to bureaucracy for the National Security Advisor, suggesting that the occupant would essentially act as a personal aide to the President. He called on Kenya Kwanza to cease interfering with the constitutional architecture of national security, vowing opposition to what he perceives as an attempt to establish a dictatorship in Kenya. Odinga highlighted the comprehensive coverage of national security principles in Chapter 14 of the Constitution, including the establishment of national security organs such as the Kenya Defence Forces, the National Intelligence Service, and the National Police Service. Additionally, he noted the provision for ministries of internal security and defense with corresponding Cabinet secretaries and principal secretaries.
