Kenya introduces bill to ensure smooth presidential transitions

The government has tabled the Assumption of the Office of President and Transition of Executive Authority Bill, 2024 in Parliament in a move aimed at safeguarding Kenya’s democratic stability.

The bill, approved by the Cabinet on December 17, 2024, seeks to provide a structured and transparent framework for presidential transitions, ensuring a seamless transfer of power regardless of political circumstances.

The proposed law consolidates and streamlines procedures for the assumption of office by the President-elect and the transition of executive authority.

It addresses past challenges in presidential handovers by creating a clear legal structure that governs how power is transferred.

According to the press release from the Office of the Prime Cabinet Secretary and the Ministry of Foreign and Diaspora Affairs, the bill will regulate the assumption of office ceremony, executive transition processes, and handover procedures before and after a presidential election, in line with Article 141 of the Constitution.

Provisions of the Bill

The transition period will last 90 days before a presidential election and 90 days after the President-elect assumes office.

An ad hoc Assumption of Office and Transition Committee will oversee the process.

It 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.

No Cabinet Secretary or Principal Secretary shall make financial commitments, appoint public officers, or travel abroad without prior written approval.

Government agencies must submit handover reports detailing ongoing projects, international obligations, and financial matters.

“Within ninety days before a presidential election, no Cabinet Secretary or Principal Secretary shall make any commitment intended to be binding on the Government, unless the commitment is necessary during that period and has been duly budgeted for.” The statement read.

Adding that: “The Cabinet Secretary or Principal Secretary shall not make any fresh appointments of public officers or nominate persons for appointment as public officers, travel outside Kenya without the prior written approval of the Head of Public Service.”

Public officers who fail to provide requested transition information within a reasonable time could face fines of up to Ksh 1 million or imprisonment of up to two years.

Officials who disrupt the transition process may face fines of up to Ksh 10 million or imprisonment of up to 10 years.