State officers and civil servants could be fined Sh10 million or be jailed for 10 years for obstructing a President-elect from assuming office.
A new bill seeks to impose stiff penalties on officers found to have attempted to frustrate transition after Presidential elections.
Cabinet approved the Assumption of Office of President and Transition of Executive Authority Bill, 2024, on Tuesday, being its last sitting this year.
“The proposed law aims to seal gaps and ensure smoother and more unified Presidential transitions in Kenya,” a dispatch from the meeting reads.
“It consolidates the procedures for the assumption of office and the transfer of executive authority into a single legislative framework.”
The bill is now headed to Parliament for consideration.
“It introduces a unified law covering the assumption of office by the President-elect and the transition of executive power,” the statement reads in part.
In the proposed law, the President-elect and Deputy president-elect would be entitled to full security, as is assigned to the sitting President and Deputy.
The President-elect would not require the presence of his or her predecessor for the handover of state instruments.
“In such cases, the handover of instruments of power will be omitted without affecting the validity of the swearing-in process,” the brief states.
This is to account for unforeseen circumstances and scenarios where the outgoing President cannot attend the swearing-in ceremony.
President Ruto’s takeover from his predecessor Uhuru Kenyatta was wrought with allegations of sabotage and behind-the-scenes frustrations.
Ruto’s team at the time complained that he did not receive the treatment deserved of a President-elect, including security briefs.
The national security team was also not briefing the President-elect as required by law.
They further claimed that the transition team was not heeding the then President-elect’s requests.
They also alleged there were attempts to block the government printer from churning the gazette notice detailing Ruto’s election. Key members of the committee, including then Interior CS Fred Matiang’i, were not seeing eye-to-eye with Ruto.
The animosity forced Ruto to dispatch his allies led by current Public Service CS Justin Muturi, Kithure Kindiki (now DP), Davis Chirchir (Roads CS), Alfred Mutua (Labour CS), Ababu Namwamba (ex-Sports CS), Gladys Shollei (National Assembly Deputy Speaker) and Kipchumba Murkomen (Sports CS) to streamline the preparations.
His team also claimed they were not involved in the transition plans until after they protested.
As a way out of the transition debacles, the proposed law also seeks to deal with vacancies in the offices of CS and Principal Secretaries during the transition period.
In the proposed dispensation, CSs, and PSs would remain in office until new appointments are made by the incoming administration.
“The Bill further provides that the transition of executive authority will be deemed to have been completed when the President, Deputy President, Attorney General, Cabinet Secretaries, Principal Secretaries, and the Secretary to the Cabinet assume office,” the brief states.
Other provisions outline the role of the President-elect in the nomination and appointment of members of the Assumption of Office Committee.
It also provides for the establishment of a Transition Centre from which the transfer of power would be planned.
The transition usually entails arranging military displays, inviting heads of state and governments Kenya is collaborating with, and organising the swearing-in ceremony.
It is not the first time the Kenya Kwanza administration is seeking to streamline the transition.
Recent changes include the introduction of six nominees by the President-elect to the team, as well as the inclusion of the Defence PS and the national security adviser.
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