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Article 241. Establishment of Defence Forces and Defence Council

(1) There are established the Kenya Defence Forces.

(2) The Defence Forces consist of–

  • (a) the Kenya Army;
  • (b) the Kenya Air Force; and
  • (c) the Kenya Navy.

(3) The Defence Forces–

  • (a) are responsible for the defence and protection of the sovereignty and territorial integrity of the Republic;
  • (b) shall assist and cooperate with other authorities in situations of emergency or disaster, and report to the National Assembly whenever deployed in such circumstances; and
  • (c) may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.

(4) The composition of the command of the Defence Forces shall reflect the regional and ethnic diversity of the people of Kenya.

(5) There is established a Defence Council.

(6) The Council consist of–

  • (a) the Cabinet Secretary responsible for defence, who is the chairperson;
  • (b) the Chief of the Kenya Defence Forces;
  • (c) the three commanders of the defence forces; and
  • (d) the Principal Secretary in the Ministry responsible for defence.

(7) The Council––

  • (a) is responsible for the overall policy, control, and supervision of the Kenya Defence Forces; and
  • (b) performs any other functions prescribed by national legislation.