Cabinet endorses bill imposing Sh10 million fine for obstructing power handover
By Lucy Mumbi |
The Cabinet approved the Bill, which seeks to streamline the presidential transition process in Kenya.
Individuals obstructing the transfer of power after an election risk a Sh10 million fine or a 10-year jail term under a new Bill approved by the Cabinet.
The Assumption of Office of President and Transition of Executive Authority Bill, 2024, aims to prevent a repeat of incidents witnessed in 2022, where certain state officials aligned with former President Uhuru Kenyatta’s administration were accused of attempting to block President William Ruto’s assumption of office.
The Cabinet approved the Bill, which seeks to streamline the presidential transition process in Kenya.
In a statement on Tuesday, the Presidential Communication Service (PCS) confirmed that the legislation addresses gaps in the current system and ensures a more coordinated handover of executive power.
The Bill combines the procedures for the President-elect’s assumption of office and the transfer of executive authority into a single, unified legislative framework. It is now set to be reviewed by Parliament.
"It consolidates the procedures for the assumption of office and the transfer of executive authority into a single legislative framework. The Bill, now headed to Parliament for consideration, introduces a unified law covering the assumption of office by the President-elect and the transition of executive power," the despatch said.
A significant provision of the Bill is the imposition of severe penalties for state and public officers who impede the transition process, with fines of up to Sh10 million, imprisonment for up to 10 years, or both.
The Bill also ensures that the President-elect and Deputy President-elect will be provided with security similar to that of the sitting President and Deputy President.
In cases where the outgoing President cannot attend the swearing-in ceremony, the Bill clarifies that the omission of the handover of instruments of power will not invalidate the swearing-in.
Further, it ensures government continuity by allowing Cabinet Secretaries and Principal Secretaries to remain in office until the new administration makes appointments.
The transition of executive authority will be considered complete when key officials, including the President, Deputy President, Attorney-General, Cabinet Secretaries, Principal Secretaries, and the Secretary to the Cabinet, officially assume office.
The Bill also outlines the President-elect's responsibility to nominate members for the Assumption of Office Committee and calls for the establishment of a Transition Centre to facilitate the process.
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