Balancing National Security and Human Rights in Kenya: A Human Security Perspective

Abstract

The relationship between national security and human rights remains a central challenge for democratic states, particularly in the context of crime control and law enforcement. In Kenya, security operations aimed at countering terrorism, maintaining public order, and safeguarding territorial integrity have frequently generated tensions with constitutional and international human rights obligations. This paper examines the nexus between national security and human rights in Kenya through the analytical framework of Van Kempen’s four human rights–security concepts. Adopting a qualitative doctrinal and conceptual research design, the study analyses constitutional provisions, security legislation, judicial decisions, and international human rights instruments relevant to Kenya’s security governance. The findings demonstrate that human rights and national security are not mutually exclusive but are interdependent and mutually reinforcing when grounded in the rule of law. Human rights function as safeguards against abuse of state power, legitimate grounds for proportionate security interventions, and positive obligations requiring the state to protect individuals from harm. However, persistent gaps between normative commitments and operational practice continue to undermine effective security governance. The paper concludes that a human rights–centered approach to national security is essential for legitimacy, public trust, and sustainable peace in Kenya, and offers policy recommendations to strengthen rights-based security frameworks.