President William Ruto has sought to expand the National Security Council and the committee that manages the transition to a new government after elections.
In a new Bill before the National Assembly, Ruto seeks to make his national security adviser a member of the top security organ.
Ambassador Monica Juma is presently the national security adviser for the Ruto administration.
If the Bill is passed, Juma would be granted a seat at the NSAC and would also be secretary to the powerful council.
The Bill requires such an adviser to be approved by Parliament.
Juma, like other Ruto advisers, were not vetted by the current Parliament for the job.
“The National Security Adviser shall be appointed by the President with the approval of the National Assembly, and shall be secretary to the council,” the National Government Administration Laws (Amendment) Bill, 2023 reads.
The Bill is sponsored by Majority Leader Kimani Ichung’wah.
In the changes, Ruto also seeks to add powers to Head of Public Service Felix Koskei. He would become the custodian of the public seal.
Under the current law, the Attorney General is the custodian of the seal.
In the new dispensation, the Head of Public Service shall be given clear roles.
“The Head of Public Service shall support the President in facilitating the organisation and execution of government business,” the Bill reads.
“The President shall appoint the head of public service…who shall serve at the President’s pleasure,” the Bill states. It lists his or her roles as "being the Chief of Staff to the president, administrative head of the Executive Office of the President, and custodian of any instruments of state that are not in the custody of any other person."
The Bill further seeks to establish a committee of the National Security Council to be chaired by the Head of Public Service.
The Chief of the Kenya Defence Forces, the director general of the National Intelligence Service and the Inspector General of the National Police Service would be members.
Other members would be the Solicitor General, Principal Secretaries for Defence, Internal Security, Foreign Affairs, National Treasury, and “any other persons whose knowledge and skills are considered necessary for the function of the committee as authorised by the National Security Council".
On the assumption of office, Ruto seeks to expand the team that organises the transition to provide that the president-elect shall nominate six persons to sit in the Assumption of the Office of the President Committee.
Currently, the president-elect only has three slots.
The current law provides that the president-elect nominates three persons to the team chaired by the Head of Public Service.
The proposed law further makes the National Security Adviser and Defence Principal Secretary members of the Assumption of Office Committee.
It is not clear what necessitated the changes to the assumption of office team. However, during the swearing-in of President Ruto, the team was seen to be crowded by allies of then President Uhuru Kenyatta.
The committee includes, among others, the Inspector General of Police, Chief of Defence Forces and the NIS chief.
Other members are the Interior Cabinet Secretary, Chief Registrar of the Judiciary, State House Comptroller and Foreign Affairs principal secretary.
Clerks of the National Assembly and Senate represent Parliament on the team that also includes the CEO of the Intergovernmental Relations Technical Committee.