The Kenya Defence Forces Bill - Commission for the Implementation of the Constitution


Pursuant to section 5(6) of the Sixth Schedule to the Constitution, Section 4 of the Commission for the Implementation of the Constitution Act, 2010 and in the spirit of upholding the principle of public participation under Article 10 of the Constitution, the Commission for the Implementation of the Constitution (CIC) hereby seeks public views on the Kenya Defence Forces Bill, 2011 (KDF).


The Constitution establishes the Kenya Defence Forces and obligates Parliament to enact legislation to provide for the functions, organisation and administration of the Kenya Defence Forces amongst other security organs.

Article 237(2) of the Constitution provides for the principles of national security.

It states that: national security of Kenya shall be promoted and guaranteed in accordance with the following principles:

(a) national security is subject to the authority of the Constitution and Parliament;

(b) national security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms;

(c) in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within Kenya; and

(d) recruitment by the national security organs shall reflect the diversity of the Kenyan people in equitable proportions.

Additionally, the Constitution requires that in the performance of their functions and exercising their powers, the national security organs and every member of the national security organs shall not act in a partisan manner; further any interest of a political party or cause; or prejudice a political interest or political cause that is legitimate under this Constitution. The Constitution
further subjects the national security organs to civilian authority.

In addition to the principles above, the national security organs are bound by other values and principles under the Constitution. (Articles 10, 232, amongst others)

The purpose of this advertisement is to afford the people of the Kenya an opportunity to participate in the lawmaking process as required under the Constitution, by offering input on how best the KDF Bill should be formulated ensuring the realization of the values and principles enshrined in the Constitution.

CIC is currently undertaking internal review of the KDF Bill and invites members of the public and in particular members of the defence forces of all ranks as well as those that are retired to submit written memorandum on the KDF Bill. Members of the Public are invited to submit their memorandum eithLinker in hard copy or by email within a period of one month. (by 10th April, 2012).

The Bill may be accessed from our website:

Written memorandum may be delivered, posted or emailed to the address herein below.

Contact details:

Commission for the Implementation of the Constitution
Parklands Plaza, Chiromo Lane, Westlands
P.O. Box 48041 -001 00
Tel. no: 0202323510, 0204443216, 0732000313,

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