Cabinet Approves Bill Allowing Outgoing Presidents To Skip Swearing-In Of President-elect

The Cabinet on Tuesday, December 17 approved the Assumption of Office of President and Transition of Executive Authority Bill, 2024, which aims to address, among others, when an outgoing President cannot attend the swearing-in ceremony of a successor.

The Cabinet meeting which was chaired by President William Ruto and is the last for this year, approved the proposed law which aims to seal gaps and ensure smoother and more unified presidential transitions in Kenya.

It consolidates the procedures for the assumption of office and the transfer of executive authority into a single legislative framework.

"The Bill, now headed to Parliament for consideration, introduces a unified law covering the assumption of office by the President-elect and the transition of executive power," a memo from the Cabinet meeting reads in part.

President William Ruto and other Cabinet members during a Cabinet meeting at State House Nairobi on Tuesday, December 17, 2024. /PCS

The bill also imposes stricter penalties for State and public officers who obstruct the transition, proposing fines of up to Ksh10 million, imprisonment of up to 10 years, or both.

Another key provision in the Bill ensures that the President-elect and Deputy President-elect receive security arrangements equivalent to those of the sitting President and Deputy President.

"To account for unforeseen circumstances, the Bill addresses scenarios where the outgoing President cannot attend the swearing-in ceremony. In such cases, the handover of instruments of power will be omitted without affecting the validity of the swearing-in process," added the despatch.

In 2022, several state officials allied with former President Uhuru Kenyatta's government were accused of attempting to block President William Ruto's assumption of office.

United Democratic Alliance (UDA) party secretary general, Veronica Maina, had on August 26, 2022, accused Uhuru of being the main backer behind the Supreme Court petition filed by Azimio la Umoja that had unsuccessfully sought to annul William Ruto's presidential poll victory. 

In her petition filed at the Milimani Law Courts, Veronica accused the head of state of pushing former Primer Minister Raila Odinga and Martha Karua's petition, to claim that the August 9 polls were rigged against them. 

Raila and Karua had wanted Ruto, who was declared president-elect on August 15 following a tight presidential race, to be blocked from taking the oath of office.

Uhuru did attend the swearing-in ceremony of President Ruto on September 13, 2022, a day after stating that he would hand over the instruments of power to his successor, Ruto, on the material day.

"Tomorrow, I will emulate that honoured tradition and hand over the mantle to my successor Dr William Samoei Ruto. In my service to you, I was supported by the Cabinet and Principal Secretaries. Most importantly, you the people of Kenya walked with me all step of the way," he addressed the nation on the same day he hosted Ruto at State House.

"This afternoon, I hosted the incoming President here at State House. The transition process commenced on 12th August and the doors of State have been open to the technical teams from the office of the President-elect to facilitate a smooth transition."