Article 23: Rights of peoples to peace and security
291. The Government of Kenya has since independence worked tirelessly to ensure peace within and
without its borders. It has always maintained friendly relations with its neighbors and the international
community as a whole. Indeed, soon after the 2008 post election violence parties quickly agreed to
enact the National Accord and Reconciliation Act 2008 to end the political crisis. The National Accord
laid the foundation for power sharing arrangement to end violence and bring back peace in the
country. Various recommendations were made to address the causes of the crisis, reconcile
communities, and preventing future conflicts in the country. All these recommendations have been
implemented.
292. The development of a new constitution of Kenya was one of the recommendations of the National
Accord. Article 238 of the Constitution of Kenya requires that the State be protected against internal
and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms,
property, peace, stability and prosperity, and other national interests. National security shall only be
pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human
rights and fundamental freedoms.
293. Article 239 (1) of the Constitution establishes national security organs, which are— the Kenya Defence
Forces; the National Intelligence Service; and the National Police Service. The primary object of the
national security organs and security system is to promote and guarantee national security.
294. Kenya has however faced challenges in promoting national security due to an upsurge of terrorism
attacks. In October 2011, a coordinated operation between the Somali military and the Kenyan military
, known as operation Linda Nchi, began against the Al-Shabaab group of insurgents in southern
Somalia. The mission was officially led by the Somali army, with the Kenyan forces providing a
support role. In early June 2012, Kenyan forces were formally integrated into African Union Mission in
Somalia (AMISOM). Since then, a series of terrorist attacks, believed to have been retaliatory attacks by
Al-Shabaab have rocked various areas in Kenya.
295. Increasingly, a large number of terrorist attacks have been carried out by radicalized Kenyan youth.
Unemployment, poverty and political marginalization are contributing to the Islamic radicalization of
Kenya's youth, a situation which the government of Kenya is attempting to address through economic
empowerment and inclusive policies.
296. The Government of Kenya has put in place considerable effort to protect national security and to stem
terrorism in the country. Any such effort is made under strict adherence to the national and
international standards. The Constitution contains comprehensive provisions on the protection of
human rights and fundamental freedoms. Indeed national security can only be pursued in compliance
with the law and with the utmost respect for the rule of law, democracy, human rights and
fundamental freedoms. The Government, thus, ensures that any legislation, policy and administrative
action taken in the fight against terrorism conform to the provisions of the Constitution. The Prevention
of Terrorism Act No. 30 of 2012 contains strict guidelines to be followed in any action to combat
terrorism.
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