What next ahead of Ruto swearing-in
By Emeka Mayaka, August 16, 2022
President-elect William Ruto will be sworn in on Monday, August 29 unless there are challenges to his victory.
Article 141 of the Constitution says that President-elect should be sworn in 14 days after the declaration of results by the national polls agency.
“The President-elect shall be sworn in the fourteenth day after the date of the declaration of the result of the presidential election if no petition has been filed under Article 140,” says the article.
In case there is a petition, the President-elect should be sworn in seven days after the Supreme Court declares the results valid.
Election declaration
“The President-elect- shall be sworn in the seventh day following the date on which the court renders a decision declaring the election to be valid if any petition has been filed under Article 140.”
Outgoing President Uhuru Kenyatta has already constituted the Assumption of Office Committee to oversee the transition.
The committee chaired by Head of Public Service Joseph Kinyua is tasked to organise for the security of the President-elect and provide the necessary facilities and personnel.
The Kinyua team is also supposed coordinate the briefings of the President-elect by relevant public officers and with the outgoing President.
The Kinyua team is founded on the Assumption of Office of the President Act, which establishes a 20-member Assumption of the Office of President Committee with the Secretary to the Cabinet being the chairperson.
The team oversees all the activities up to the swearing-in of the President-elect.
The Act was enacted to stop hurried assumption of office as happened after the contested 2007 General Election when late President Mwai Kibaki was sworn in late in the evening after being declared the winner. Other members of the team are Attorney General Kihara Kariuki, Interior Cabinet Secretary Fred Matiang’i, Principal Secretaries Karanja Kibicho (Interior), Julius Muia (Finance), Macharia Kamau (Foreign Affairs) and Jerome Ochieng (ICT).
National Intelligence
Others are Chief of Kenya Defence Forces Robert Kibochi, National Intelligence Services Director-General Philip Kameru, Inspector-General of Police Hillary Mutyambai, acting Clerk of the National Assembly Serah Kioko, Clerk of the Senate Jeremiah Nyegenye and Chief Registrar of the Judiciary Anne Amadi.
The President-elect will also be expected to forward three names to join the committee.
The Act also specifies the exact times for particular activities including indicating the oath-taking be done between 10 am and 2 pm on the identified date for the exercise.
It also indicates that the day of the swearing-in shall also be declared a public holiday by the Interior Cabinet Secretary.