Former Prime Minister Raila Odinga has dismissed the National Government Administration Laws Amendment Bill 2023 published on November 24, 2023.
In a statement seen by The Kenya Times, Odinga accused President William Ruto of using the miscellaneous statute amendment Bill to amend several laws regarding national administration.
The Azimio leader claimed that President Ruto plans to amend the National Security Council Act using the said bill.
“This amendment creates a new position within our national security infrastructure called The National Security Advisor and makes the holder of that position the Secretary to the National Security Council. This amendment is unconstitutional and untenable,” said Odinga.
He explained that if established, the office of the National Advisor will be an office in the public service.
Odinga highlighted Section 7 of the Bill which allows the President to appoint the National Security Advisor with the approval of the National Assembly.
The opposition leader also stated that the National Security Advisor shall be the Secretary to the National Security Council.
According to Odinga, the Constitution does not allow for the creation of a new post within the National Security.
He stated that the Constitution recognizes the Kenya Defence Forces (KDF), the National Police Service (NPS) and the National Intelligence Service (NIS) as the only national security organs.
“This new office of National Security Advisor does not fit into this structure and its creation is therefore an attempt by Kenya Kwanza to create a new national security organ outside the architecture of the Constitution,” explained Raila.
Council Should Appoint Secretary-Raila
Besides, Odinga argued that the Constitution mandates the National Security Council members to appoint the Secretary to the Council.
Also Read: Former Police Boss Who Refused to Withdraw Raila’s Security Dies
For this reason, the Azimio leader opined that Parliament cannot appoint any person or office to the Secretary’s position.
“The net effect of the amendment bill providing for the Secretary of the Council is that the President will have usurped the powers of the Council, and it will not matter what opinion the persons entrusted with our national security. Their secretary will always be determined by the President,” added the Statement.
Additionally, Odinga said the Secretary’s duties are not provided and it is not stated what their role is in the organization and administration of national security.
“We don’t see what security advice there still is to give after the KDF, NIS and the NPS have spoken, and thereafter policies are laid out by the respective parent ministries,” he said.
Also Read: Ruto CS Praises ODM for Having the Brightest Minds in Kenya
The Advisor Will Interfere with Security Issues
Odinga also predicted that the occupant of the office will interfere with the work of the KDF, NIS and NPS adding that President Ruto wants to undermine the Constitution.
He stated that the Secretary will be acting as a gatekeeper between the President and other heads of the national security.
The opposition head further noted that the holder of the office will be a personal aide to the President with no statutory defined roles, reporting structure and no alignment to the bureaucracy.
Therefore, he reasoned that the Secretary will in effect be acting as the prefects of all national security heads.
He warned the government to drop their interference with the constitutional architecture with regard to national security.
Odinga affirmed that Azimio will fight government’s tricks to take total control of the national security machinery.