Assumption of the Office of President Act

The Act is titled the Assumption of the Office of President Act and will come into force when the date of the first elections under the Constitution is announced.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 6C
Version: 17 May 2024
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Act is titled the Assumption of the Office of President Act and will come into force when the date of the first elections under the Constitution is announced. Section 2 provides definitions and construction rules for terms used in the Act. Applies to the assumption of the Office of President by a President-elect. The Committee must, when performing its functions and exercising powers under the Constitution and this Act, act in accordance with Article 141 and be guided by the values and principles in Article 10 of the Constitution. Establishes the Assumption of the Office of President Committee, lists its members, assigns the Secretary to the Cabinet as chair, requires the chair to convene the first meeting upon declaration of a President-elect, designates the Principal Secretary in the Ministry responsible for the Cabinet Office as secretary, states that a vacancy does not affect decisions, and sets quorum at two thirds of members.

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Provisions of Assumption of the Office of President Act

Showing 21 of 21

Part I

PRELIMINARY

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PRELIMINARY - 1. Short title and commencement
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The Act is titled the Assumption of the Office of President Act and will come into force when the date of the first elections under the Constitution is announced.

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.
2
PRELIMINARY - 2. Interpretation
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Section 2 provides definitions and construction rules for terms used in the Act.

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 Service".
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PRELIMINARY - 3. Application
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Applies to the assumption of the Office of President by a President-elect.

Section 3. Application Section to the assumption of the Office of President by a President-elect; and
4
PRELIMINARY - 4. Guiding principles
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The Committee must, when performing its functions and exercising powers under the Constitution and this Act, act in accordance with Article 141 and be guided by the values and principles in Article 10 of the Constitution.

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.

Part II

ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF PRESIDENT COMMITTEE

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ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF PRESIDENT COMMITTEE - 5. Establishment of the Assumption of the Office of President Committee
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Establishes the Assumption of the Office of President Committee, lists its members, assigns the Secretary to the Cabinet as chair, requires the chair to convene the first meeting upon declaration of a President-elect, designates the Principal Secretary in the Ministry responsible for the Cabinet Office as secretary, states that a vacancy does not affect decisions, and sets quorum at two thirds of members.

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 2024, Sch.; Section 5(2)(k) the Principal Secretary in the Ministry responsible for matters relating to culture and social services; Section 5(2)(l) the Chief of the Kenya Defence Forces; Section 5(2)(m) the Director-General of the National Intelligence Service; Section 5(2)(n) the Inspector-General of the National Police Service; Section 5(2)(o) the person in charge of the administration of the affairs of State House; Section 5(2)(p) the Clerk of the National Assembly; Section 5(2)(q) the Chief Registrar of the Judiciary; Section 5(2)(r) six persons nominated by the President-elect; and Section 5(2)(s) the Clerk of the Senate. Section 5(2)(t) Deleted by ActNo. 4 of 2024, Sch. Section 5(3) Deleted by ActNo. 4 of 2024, Sch. Section 5(4) The chairperson of the Committee shall convene the first meeting of the Committee upon declaration of a President-elect. Section 5(5) The Principal Secretary in the Ministry responsible for matters relating to the Cabinet Office shall be the secretary to the Committee. Section 5(6) A vacancy in the membership of the Committee shall not affect the decisions of the Committee. Section 5(7) The quorum for the conduct of the business at a meeting of the Committee shall be two thirds of all the members of the Committee. [Act No. 4 of 2024 , Sch.]
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ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF PRESIDENT COMMITTEE - 6. Functions and powers of the Committee
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The Committee must perform specified preparatory and support functions for the President-elect (e.g. handover, security, facilities, briefings, communication, programme and swearing-in) and has all powers necessary to execute its functions under the Constitution, this Act and any other written law.

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.
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ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF PRESIDENT COMMITTEE - 7. Subcommittees of the Committee
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The Committee may establish subcommittees and may co-opt persons into subcommittees to aid in carrying out its functions.

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.
8
ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF PRESIDENT COMMITTEE - 8. Procedures of the Committee
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The Committee may set its own procedure, except where this Act provides otherwise; six Committee members nominated by the President-elect under section 5(2)(r) may ask the chairperson to call an urgent meeting about the President-elect's assumption of office.

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.]

Part III

ARRANGEMENTS FOR ASSUMPTION OF OFFICE BY THE PRESIDENT-ELECT

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ARRANGEMENTS FOR ASSUMPTION OF OFFICE BY THE PRESIDENT-ELECT - 10. Security briefing
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The Committee must ensure the President-elect receives security briefings from the national security organs.

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.
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ARRANGEMENTS FOR ASSUMPTION OF OFFICE BY THE PRESIDENT-ELECT - 11. Public officers to provide required information
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The President-elect must prepare to assume office; may request information in writing from public officers; public officers asked must provide information within a reasonable time; failure is an offence punishable by a fine up to one million shillings or up to two years' imprisonment, or both.

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.
9
ARRANGEMENTS FOR ASSUMPTION OF OFFICE BY THE PRESIDENT-ELECT - 9. Security detail
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When the Commission declares the final presidential-election results, the Committee must ensure the President-elect and Deputy President-elect are given adequate security.

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.

Part IV

THE SWEARING IN CEREMONY

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

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.
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THE SWEARING IN CEREMONY - 13. Taking of oath and signing of Certificate of Inauguration
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The President-elect must take and subscribe to the required oaths at the swearing-in ceremony; the Chief Registrar must administer those oaths before the Chief Justice (or Deputy Chief Justice) between 10:00 am and 2:00 pm; after subscribing the oath the President must sign a Certificate of Inauguration.

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.
14
THE SWEARING IN CEREMONY - 14. Handing over of instruments of power and authority
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Specifies the handing over of instruments of power and authority, naming a sword and the Constitution; excludes application if the incumbent is re-elected into office.

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.
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THE SWEARING IN CEREMONY - 15. Swearing-in of the Deputy President-elect
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The Deputy President-elect must 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 148 of the Constitution.

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.
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THE SWEARING IN CEREMONY - 16. Inauguration speech
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The President must give an inauguration speech to the nation upon the swearing-in of the Deputy President elect.

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

Part V

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 17. Security
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The Inspector-General of the National Police Service must ensure adequate security during the swearing-in ceremony.

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.
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MISCELLANEOUS PROVISIONS - 18. Succession generally
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The day-to-day functioning of the Government, before and during the President-elect's assumption of office, must be subject to constitutional provisions on transition and succession of institutions, offices, assets and liabilities.

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.
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MISCELLANEOUS PROVISIONS - 19. Reports of the Committee
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The Committee must prepare a report within one month of the swearing-in of the President-elect, submit that report to Parliament, and publish it in the Gazette and other manners it determines.

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.
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MISCELLANEOUS PROVISIONS - 20. Management of information and records
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The Committee must publish all important information within its mandate; it may charge a reasonable fee or impose confidentiality conditions; members and staff must sign confidentiality agreements; grounds are listed when disclosure may be refused.

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.
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MISCELLANEOUS PROVISIONS - 22. Regulations
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The Cabinet Secretary may make regulations, in consultation with the Committee, to give effect to this Act's provisions.

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.

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