The Kenyan government has introduced the Assumption of the Office of the President and Transition of Executive Authority Bill, 2024 in Parliament to streamline the transfer of executive authority. Approved by the Cabinet in December 2024, the Bill aims to eliminate ambiguities and establish a structured framework for a smooth power transition.
According to a Press Statement shared by the office of the Prime Cabinet Secretary Musalia. Mudavadi, the legislation outlines procedures for the assumption of office by the President-elect, in accordance with Article 141 of the Constitution. It also sets the transition period from 90 days before the first vote in a presidential election to 90 days after the President-elect takes office or when the transition committee submits its final report.
An adhoc Assumption of the Office of President and Transition of Executive Authority Committee will oversee the transition. Co-chaired by the Head of the Public Service, it will include key government officials and nine individuals nominated by the President-elect. The committee’s responsibilities include facilitating the handover process, ensuring security for the incoming President and Deputy President-elect, and overseeing the transition of outgoing officeholders into retirement.
To prevent misuse of state resources, the Bill restricts Cabinet and Principal Secretaries from making financial commitments beyond approved budgets, appointing public officers, or traveling abroad without clearance. Public officers are also barred from entering into government contracts or international agreements that could impact the new administration. Violators face fines up to ten million shillings or imprisonment of up to ten years.
Ministries, state departments, and agencies must submit handover reports by July 15 of an election year. These reports will include financial accounts, pending bills, ongoing projects, and legal matters, ensuring transparency for the incoming administration.
The Bill follows challenges experienced in the 2022 presidential transition, demonstrating President William Ruto’s commitment to institutionalizing solutions that benefit future governments. Kenya’s move to legislate a smooth transition of power is seen as a rare example of democratic maturity, reinforcing the country’s leadership in governance on the African continent
