Outgoing presidents granted option to skip swearing-in ceremony in new Bill
By Lucy Mumbi |
The Bill mandates the establishment of the Assumption of the Office of President Committee, which will be responsible for facilitating the transition process.
Outgoing presidents can now skip the swearing-in ceremony of the president-elect without affecting the legality of the process, under a new Bill approved by the Cabinet.
The Assumption of Office of President and Transition of Executive Authority Bill, 2024, allows for the omission of the handover of instruments of power in such instances, ensuring the swearing-in remains valid.
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“The proposed law aims to seal gaps and ensure smoother and more unified presidential transitions in Kenya. 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,” reads the dispatch.
The Bill mandates the establishment of the Assumption of the Office of President Committee, which will be responsible for facilitating the transition process.
The committee, chaired by the Secretary to the Cabinet, will include several high-ranking government officials, including the Attorney-General, Cabinet Secretaries, Principal Secretaries, and key security and intelligence leaders.
The committee will be tasked with overseeing various responsibilities, such as coordinating the handover of power from the outgoing President to the President-elect, ensuring security for the President-elect, organising briefings, and arranging the swearing-in ceremony. It will also handle any other necessary functions under the law.
To support its work, the committee can establish sub-committees and co-opt additional members with the relevant expertise. The committee will determine its procedures, although members nominated by the President-elect can call meetings for urgent matters.
Once the final election results are declared, the committee will ensure the President-elect and Deputy President-elect receive appropriate security arrangements. Public officers will be required to provide any requested information necessary for the transition, with penalties for non-compliance.
The Bill also outlines the procedure for the swearing-in ceremony, which will be held in a public event in the capital city.
The President-elect will take the oath of office in the presence of the Chief Justice or Deputy Chief Justice, and the outgoing President will hand over the instruments of power, including the Constitution and a sword, upon the signing of the certificate of inauguration.
The process will not apply if the incumbent President is re-elected.
“To account for unforeseen circumstances, the Bill addresses scenarios where the outgoing President cannot attend the swearing-in ceremony. In such cases, the handover of instruments of power will be omitted without affecting the validity of the swearing-in process,” reads the dispatch.
Additionally, the Bill stipulates that Cabinet Secretaries and Principal Secretaries will continue in their roles until the incoming administration makes its appointments. The new law aims to streamline the presidential transition process and ensure continuity in government operations.
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