State officers and civil servants could face fines of up to Sh10 million or imprisonment for 10 years if found guilty of obstructing a President-elect from assuming office.
The Assumption of Office of President and Transition of Executive Authority Bill, 2024, seeks to introduce stringent measures to prevent disruptions during Presidential transitions. The Cabinet approved the bill on Tuesday in its final meeting of the year.
“The proposed law aims to address gaps and ensure smoother and more unified Presidential transitions in Kenya,” read a statement from the Cabinet.
The bill consolidates procedures for assuming office and transferring executive authority into a single legislative framework. It now heads to Parliament for consideration.
Key provisions include granting the President-elect and Deputy President-elect the same level of security as the sitting President and Deputy. Additionally, the President-elect will not require the outgoing President’s presence for the handover of state instruments.
“In cases where the outgoing President is unavailable, the handover of instruments of power will be omitted without affecting the validity of the swearing-in process,” the bill states, addressing scenarios like unforeseen absences.
The bill comes in the wake of allegations of sabotage during President William Ruto’s transition from his predecessor, Uhuru Kenyatta. Ruto’s team at the time reported frustrations, including lack of security briefs, unresponsive transition teams, and delays in gazetting his election.
To prevent similar challenges, the proposed law includes measures to ensure outgoing Cabinet Secretaries (CSs) and Principal Secretaries (PSs) remain in office until the incoming administration makes new appointments.
“The transition of executive authority will be deemed complete when the President, Deputy President, Attorney General, CSs, PSs, and the Secretary to the Cabinet assume office,” the bill outlines.
Additional provisions involve creating a Transition Centre to coordinate the transfer of power and organizing key events such as military displays, swearing-in ceremonies, and invitations to international dignitaries.
The bill also seeks to enhance the role of the President-elect by allowing nominations to the Assumption of Office Committee and including new members, such as the Defence PS and national security adviser, in the team.
These reforms aim to streamline transitions and prevent the recurrence of past challenges, ensuring a smooth transfer of power.
