Senate Security Committee raises constitutional concerns over proposed internal security devolution bill

Senate Security Committee raises constitutional concerns over proposed internal security devolution bill

Parliament Buildings
Tuesday, 6th May 2025

The Senate Committee on National Security, Defence and Foreign Relations is set to engage with key stakeholders in the security sector, including the Cabinet Secretary for Interior and National Administration, the Inspector-General of the National Police Service, the Directorate of Criminal Investigations and the Council of Governors. These engagements will focus on security governance in the country, following deliberations on the proposed Internal Security Devolution and County Empowerment Bill, 2025.

In a meeting held on Tuesday, the Committee considered the “Internal Security Devolution and County Empowerment Bill, 2025”, a legislative proposal put forward by Sage Writers Limited. The Bill seeks to transfer key internal security functions from the national government to county administrations. Among its provisions are proposals to devolve presidential powers on internal security, establish independent county security structures and grant county governors direct command over security operations and control of security resources.

While acknowledging the Bill’s intent to enhance local involvement in security, members of the Committee raised significant constitutional concerns. They noted that the proposed restructuring of the National Police Service, the redefinition of the roles of the security agencies and the empowerment of governors with command functions would be in direct conflict with the Constitution.

“We have issues with the proposed Bill as it goes against key provisions of our Constitution,” said Committee Chairperson Senator Fatuma Dullo (Isiolo). Senators expressed that any reforms to the structure of security agencies must align with the constitutional provisions enshrined in Articles 239, 240 and 245. These articles outline the establishment, oversight and command structures of Kenya’s security services, including the National Police Service.

Despite the concerns, the Committee resolved to continue consultations with relevant stakeholders to ensure a more comprehensive understanding of the proposal. Additionally, the Committee reaffirmed its commitment to promoting the operationalisation of County Policing Authorities as outlined in Section 41 of the National Police Service Act. This, members said, provides a lawful avenue for county governments to participate in security matters without undermining the constitutional order.

Senators present at the meeting included Chairperson Sen. Fatuma Dullo (Isiolo), Vice Chairperson Sen. Prof. Tom Ojienda SC (Kisumu), Sen. Okongo Mogeni SC (Nyamira), Sen. Julius Murgor (West Pokot) and Sen. Dr. Lelegwe Ltumbesi (Samburu).