Raila Declares National Security Advisor Post Illegal
The opposing party argues that certain parts of the legislation aimed at modifying various national administration laws are against the constitution.
According to the Azimio coalition’s correspondence, the inclusion of the National Security Advisor within the Public Service, as outlined in the bill, is unlawful.
They assert that this proposition would disrupt the nation’s security framework.
While outlining the nation’s security apparatus, the opposition contends that the introduction of the National Security Advisor role represents an endeavor by the government to establish a new office that falls outside the constitutional framework.
It added: “Article 240 of the Constitution creates the National Security Council and provides for its membership. The Constitution says that the Secretary to the National Security Council shall be appointed by the members of the Council.”
“Parliament has no power unless through a Constitutional amendment to alter this mandate. Parliament cannot appoint any person or any office to this position. That onus is entrusted to the Council by the Constitution.”
The opposition argues that the overall impact of the bill would grant the President the authority of the council.
Further, Azimio la Umoja says “The duties of this new office are not provided and it is not stated what their role is in the organization and administration of national security,” adding that the Constitution has already provided how national security is to be organized and administered and Kenya Kwanza seems to think that this was not sufficient.
“The occupant of this office is just a personal aide to the President with no statutory defined roles, no reporting structure and no alignment to the bureaucracy. They will in effect be acting as the prefects of all national security heads,” the opposition’s statement adds.
Additionally, the coalition party asserts that Parliament, as outlined in the bill, lacks the authority, unless through a constitutional amendment, to modify this mandate. Therefore, it cannot endorse any individual or office for this position.
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Raila Declares National Security Advisor Post Illegal
