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Cabinet proposes Ksh10M fine for state officers who obstruct assumption of office by president-elect

Cabinet proposes Ksh10M fine for state officers who obstruct assumption of office by president-elect
President William Ruto during his swearing in in 2022. PHOTO/@WilliamsRuto/X

The Cabinet has approved the Assumption of Office of President and Transition of Executive Authority Bill, 2024.

In a statement on Tuesday, December 17, 2024, the Presidential Communication Service (PCS) announced that the bill seeks to address existing gaps and facilitate smoother, more coordinated presidential transitions in Kenya.

The proposed law merges the procedures for both the President-elect’s assumption of office and the transfer of executive authority into a single comprehensive legislative framework. Now set to be reviewed by Parliament, the bill introduces a unified set of regulations covering the transition process.

One key aspect of the bill is the introduction of stricter penalties for State and public officers who impede the transition process, with fines of up to KSh10 million, imprisonment for up to 10 years, or both.

Additionally, the bill ensures that the President-elect and Deputy President-elect will receive security provisions on par with those of the sitting President and Deputy President.

To address unforeseen situations, such as the outgoing President’s inability to attend the swearing-in ceremony, the bill clarifies that the handover of instruments of power can be omitted without invalidating the swearing-in process.

The law also guarantees continuity in government operations by allowing Cabinet Secretaries and Principal Secretaries to remain in office until the new administration makes appointments.

Moreover, the bill specifies that the transition of executive authority will be considered complete when the President, Deputy President, Attorney-General, Cabinet Secretaries, Principal Secretaries, and the Secretary to the Cabinet officially assume office.

Other provisions outline the President-elect’s responsibility in nominating and appointing members to the Assumption of Office Committee and call for the establishment of a Transition Centre.

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