Assumption of the Office of President Act

Section 1. Short title and commencement Section This Act may be cited as the Assumption of the Office of President Act and shall come into force upon the announcement of the date of the first elections under the Constitution.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to internal security; "certificate of inauguration" means a certificate signed by the President upon being sworn in; "commission" means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution; "committee" means the Assumption of the Office of President Committee established under section 5 ; "facilities" include an office, furniture, office machines and equipment, a house and a vehicle; "President-elect" means the person elected as President under Article 139 or 140 of the Constitution and who has not assumed office under Article 141(3) of the Constitution; "public officer" has the meaning assigned to it under Article 260 of the Constitution. Section 2(2)(a) "Cabinet Secretary" shall be construed to mean "Minister"; Section 2(2)(b) "Principal Secretary" shall be construed to mean "Permanent Secretary"; and Section 2(2)(c) "Secretary to the Cabinet" shall be construed to mean the "Permanent Secretary, Secretary to the Cabinet and the Head of Public Se...

Section 3. Application Section to the assumption of the Office of President by a President-elect; and

Section 4. Guiding principles Section In the performance of the functions and exercise of powers under the Constitution and this Act, the Committee shall act in accordance with Article 141 of the Constitution and be guided by the values and principles set out in Article 10 of the Constitution.

Section 5. Establishment of the Assumption of the Office of President Committee Section 5(1) There is established a committee to be known as the Assumption of the Office of President Committee. Section 5(2)(a) the Secretary to the Cabinet who shall be the chairperson; Section 5(2)(b) the Attorney-General; Section 5(2)(c) the Principal Secretary of the Ministry responsible for matters relating to the registration of persons and immigration; Section 5(2)(ca) the Principal Secretary in the State Department responsible for matters relating to defence; Section 5(2)(d) the Principal Secretary in the Ministry responsible for matters relating to internal security; Section 5(2)(e) the Principal Secretary in the Ministry responsible for matters relating to finance; Section 5(2)(f) the Principal Secretary in the Ministry responsible for matters relating to foreign affairs; Section 5(2)(g) the Principal Secretary in the Ministry responsible for matters relating to information and communication; Section 5(2)(h) Deleted by ActNo. 4 of 2024, Sch.; Section 5(2)(i) the Principal Secretary in the Ministry responsible for matters relating to the Cabinet Office; Section 5(2)(j) Deleted by ActNo. 4 of...

Section 6. Functions and powers of the Committee Section 6(1)(a) facilitate the handing over process by the outgoing President to the President-elect; Section 6(1)(b) organise for the security of the President-elect; Section 6(1)(c) organise for the necessary facilities and personnel for the President-elect; Section 6(1)(d) co-ordinate the briefings of the President-elect by relevant public officers; Section 6(1)(e) facilitate communication between the outgoing President and the President-elect; Section 6(1)(f) prepare the programme and organise for the swearing in ceremony; and Section 6(1)(g) carry out any other activity necessary for the performance of its functions under this Act and perform any other function assigned to it under any other written law. Section 6(2) The Committee shall have all powers necessary for the execution of its functions under the Constitution, this Act and any other written law.

Section 7. Subcommittees of the Committee Section 7(1) The Committee may from time to time, establish subcommittees for the better carrying out of its functions under this Act. Section 7(2) The Committee may co-opt into the membership of a subcommittee established under subsection (1), persons whose knowledge and skills are considered necessary for the functions of the Committee.

Section 8. Procedures of the Committee Section 8(1) Except as otherwise provided in this Act, the Committee may determine its own procedure. Section 8(2) The six Committee members nominated by the President-elect under section 5 (2)(r) may cause the chairperson to call for a meeting to consider important matters of an urgent nature regarding the assumption of office by the President-elect. [Act No. 4 of 2024 , Sch.]

Section 9. Security detail Section Upon the declaration of the final results of a presidential election by the Commission under Article 138 of the Constitution and section 39 of the Elections Act ( Cap. 7 ), the Committee shall ensure that the President-elect and Deputy President-elect are accorded adequate security.

Section 10. Security briefing Section The Committee shall ensure that the President-elect under section 9 receives security briefings from the respective national security organs.

Section 11. Public officers to provide required information Section 11(1) The President-elect shall, in consultation with the Committee, carry out such preparations as may be necessary for the purpose of assuming office. Section 11(2) The President-elect may, in carrying out preparations under subsection (1), request in writing for such information from a public officer as the President-elect may consider necessary. Section 11(3) A public officer from whom information is requested under subsection (2) shall provide the information within a reasonable time. Section 11(4) A public officer who fails to comply with the provisions of this section commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.

Section 12. Swearing-in ceremony Section 12(1) The swearing in of the President-elect shall be conducted in a public ceremony held in the capital city in accordance with Article 141 of the Constitution. Section 12(2) The Committee shall publish, by notice in the Gazette , the date and place for the conduct of the swearing-in ceremony. Section 12(3) The day on which the President-elect is sworn in shall be a public holiday.

Section 13. Taking of oath and signing of Certificate of Inauguration Section 13(1) The President-elect shall, during the swearing-in ceremony, make and subscribe to the oath or affirmation of allegiance and the oath or affirmation for the execution of the functions of office in accordance with Article 141 of the Constitution. Section 13(2) The oath or affirmation under subsection (1) shall be administered to the President-elect by the Chief Registrar before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice, not earlier than 10.00 am and not later than 2.00 pm, save that the Deputy Chief Justice shall undertake the task only in circumstances where the Chief Justice is incapacitated. Section 13(3) Upon making and subscribing to the oath or affirmation under subsection (1), the President shall sign a Certificate of Inauguration in the presence of the Chief Justice or in the absence of the Chief Justice, the Deputy Chief Justice.

Section 14. Handing over of instruments of power and authority Section 14(1)(a) a sword; and Section 14(1)(b) the Constitution. Section 14(2) The provisions of this section shall not apply where the incumbent is re-elected into office.

Section 15. Swearing-in of the Deputy President-elect Section The Deputy President-elect shall make and subscribe to the oath or affirmation of allegiance and oath or affirmation for the execution of the functions of office in accordance with Article 148 of the Constitution.

Section 16. Inauguration speech Section The President shall, upon the swearing-in of the Deputy President elect, give an inauguration speech to the nation.

Section 17. Security Section The Inspector-General of the National Police Service shall ensure the provision of adequate security during the conduct of the swearing-in ceremony.

Section 18. Succession generally Section The day-to-day functioning of the Government before and during the assumption of office by the President-elect shall be subject to the constitutional provisions regarding transition and succession of institutions, offices, assets and liabilities.

Section 19. Reports of the Committee Section 19(1) The Committee shall, within a period of one month from the date of the swearing in of the President-elect, cause to be prepared a report on the affairs of the Committee. Section 19(2) The Committee shall submit to Parliament the report prepared under subsection (1). Section 19(3)(a) the financial statements of the Committee; Section 19(3)(b) a description of the activities of the Committee; Section 19(3)(c) such other statistical information as the Committee considers appropriate relating to its mandate; and Section 19(3)(d) any other information relating to its functions that the Committee considers necessary. Section 19(4) The Committee shall cause the report to be published in the Gazette and in such other manner as the Committee may determine.

Section 20. Management of information and records Section 20(1) The Committee shall publish and publicize all important information within its mandate affecting the nation. Section 20(2)(a) shall be addressed to the chairperson or such other person as the Committee may for that purpose designate; Section 20(2)(b) may be subject to the payment of a reasonable fee in instances where the Committee incurs an expense in providing the information; and Section 20(2)(c) may be subject to confidentiality requirements of the Committee. Section 20(3)(a) the disclosure of such information is undesirable in public interest; Section 20(3)(b) the information requested is at a deliberative stage by the Committee; Section 20(3)(c) failure of payment of the prescribed fee; or Section 20(3)(d) failure of the applicant to satisfy confidentiality requirements by the Commission. Section 20(4) The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specified under this section. Section 20(5) Every member and staff assigned to the Committee shall sign a confidentiality agreement.

Section 22. Regulations Section The Cabinet Secretary may, in consultation with the Committee, make regulations for the better carrying into effect of the provisions of this Act.