Kenya has taken a significant step towards enhancing its democratic processes by introducing the Assumption of the Office of President and Transition of Executive Authority Bill, 2024.
This landmark legislation aims to create a structured and transparent framework for presidential transitions, ensuring a seamless transfer of power regardless of political circumstances.
Key Takeaways
- The bill was approved by the Cabinet on December 17, 2024.
- It establishes a clear legal structure for presidential transitions.
- An ad hoc committee will oversee the transition process.
- Strict regulations are imposed on Cabinet Secretaries and Principal Secretaries during the transition period.
Overview of the Bill
The newly proposed bill seeks to address the challenges faced during past presidential handovers by consolidating and streamlining the procedures for the assumption of office by the President-elect.
It is designed to ensure that the transition of executive authority is conducted in a manner that upholds the integrity of Kenya’s democratic framework.
The legislation outlines the transition period, which will last for 90 days before a presidential election and 90 days after the President-elect assumes office. This period is crucial for ensuring that all necessary preparations are made for a smooth transition.
Structure of the Transition Committee
To facilitate the transition process, an ad hoc Assumption of Office and Transition Committee will be established. This committee will include:
- The Head of Public Service (co-chair)
- Attorney-General
- Chief of Defence Forces
- Inspector-General of Police
- National Intelligence Service Director
- Secretary to the Cabinet
- Principal Secretaries from key ministries
- Nine persons nominated by the President-elect
This diverse committee is tasked with overseeing the transition and ensuring that all procedures are followed according to the law.
Regulations for Public Officers
The bill imposes strict regulations on Cabinet Secretaries and Principal Secretaries during the transition period. Key provisions include:
- No financial commitments or appointments of public officers can be made without prior written approval.
- Government agencies must submit detailed handover reports covering ongoing projects, international obligations, and financial matters.
- Public officers are prohibited from making binding commitments unless they are necessary and budgeted for.
Failure to comply with these regulations can result in severe penalties, including fines of up to Ksh 10 million or imprisonment for up to 10 years.
Conclusion
The introduction of the Assumption of the Office of President and Transition of Executive Authority Bill, 2024, marks a pivotal moment in Kenya’s political landscape. By establishing a clear framework for presidential transitions, the government aims to safeguard the democratic process and ensure that power is transferred smoothly and transparently.
This initiative reflects Kenya’s commitment to strengthening its democratic institutions and enhancing the rule of law in the country.