GAZETTE NOTICE NO. 13278

pursuant to the Assumption of the Office of the President Act and in furtherance of Article 141 of the Constitution. The Committee’s core mandate is to facilitate a smooth transition from a current administration to an incoming administration. The Assumption of Office of the President Committee (2022) held its inaugural meeting on Friday, 12th August, 2022 and its inaugural press briefing on even date. In accordance with the Act, the functions of the Assumption of the Office of the President Committee are to: (a) Facilitate handing over process by the outgoing President to the President-elect; (b) Organize for the security of the President-elect; (c) Organize for the necessary facilities and personnel for the President-elect; (d) Co-ordinate the briefings of the President-elect by relevant public officers; (e) Facilitate communication between the outgoing President and the President-elect; and (f) Prepare the programme and organize for the swearing-in ceremony. Upon the announcement of the results of the Presidential Election by the Independent Electoral and Boundaries Commission; and the declaration of Hon. William Samoei Ruto as the President-elect and Hon. Rigathi Gachagua as the Deputy President-elect on the 15th August, 2022, the Committee facilitated the enhancement of their security and their briefings by the various public officers including the National Security Advisory Committee (NSAC), the National Treasury, the Central Bank of Kenya, the Public Service Commission, and the Energy and Petroleum Regulatory Authority. In undertaking its mandate, the Committee established five sub- committees, as follows: (a) The Legal Sub-Committee; (b) The Security and Logistics Sub-Committee; (c) The State Event, Media and Publicity sub-committee; (d) The Sub-Committee on Ongoing State Programmes and the Status of Flagship Projects; and The Budget Sub-Committee. The sub-committees discharged their mandate exceptionally as evidenced by a successful inauguration ceremony for our nation’s Fifth Administration. The date of the inauguration ceremony is determined by the scenarios set out in Article 141 of the Constitution. The first scenario was that if no presidential election petition was filed within seven days of the declaration of the presidential election results, the swearing-in of the President-elect would have taken place on 30th August, 2022. With the filing of presidential election petitions, the first Article 141 scenario did not apply. Following the decision of the Supreme Court of Monday, 5th September, 2022 affirming the presidential election results, the second Article 141 scenario was activated and consequently the swearing-in ceremony of Hon. William Ruto as President and Rigathi Gachagua as Deputy President was scheduled for Tuesday, 13th September, 2022. In that regard, the Committee, through the Cabinet Secretary for Interior and Co-ordination of National Government, declared Tuesday, 13th September, 2022 as a Public Holiday of General Observance throughout the territory of the Republic of Kenya. The Committee, with the concurrence of the President-elect, chose Moi International Sports Centre Kasarani as the venue for the swearing-in ceremony. In discharge of the applicable legal obligations, the Committee, through its Chairperson, published in the Kenya Gazette a notice to the members of the public notifying them of the date, venue, and time for the swearing-in ceremony. 8:18 PM THE KENYA GAZETTE 28th October, 2022 8038 8038 In recognition of the prevailing economic situation in the country and the austerity measures implemented by the Government as part of the current financial year, the President-elect set budgetary ceilings of KSh. 250,000,000.00 (to read Kenya Shillings Two Hundred Fifty Million Only) for the all the State events marking the inauguration of our nation’s Fifth Administration. However, on account of the unprecedented number of Heads of State and Government and other high level state foreign delegations that were attending the State Ceremonies, the Committee's budget was reviewed upwards with the concurrence of the President-elect to KSh. 330,714,647.00. By law the swearing-in ceremony of the President-elect and Deputy President-elect is conducted by the Chief Registrar of the Judiciary and witnessed by the Chief Justice of the Republic between 10:00 a.m. and 2:00 p.m. In fidelity with this, the formal part of the Inauguration Ceremony and Swearing-In Ceremony commenced a few minutes past noon. The formal ceremony was preceded by the arrival of the Chief Justice, the Deputy President-elect, the President-elect, and the outgoing President. Our nation’s Fifth President assumed Office at exactly 12:45 p.m. when he concluded taking his oath of allegiance and the oath of due execution of the Office of President. Thereafter, the Deputy-President- elect took his oath of allegiance for and oath of due execution of the Office of Deputy President soon after the President. The inauguration ceremony was witnessed first hand by nearly 100,000 Kenyans from all walks of life. Even before dawn on Tuesday, 13th August, 2022 the terraces of the stadium were overflowing and the stadium was full to capacity with over 60,000.00 having made it to the Stadium by 3:00 a.m. The State Luncheon held at State House, Nairobi was attended by 7,000 honoured guests. In affirmation of our place of pride within the community of nations, Kenya was joined by nineteen Heads of State and Government, eight Vice-Presidents and Deputy Prime Ministers, two Speakers of Parliament, two Former Presidents and Prime Ministers, seven Foreign Ministers, six representatives of International Organizations and 12 Special Envoys of Foreign Governments. Arising from the execution of the mandate of this Committee, it was noted that after the Constitution of the Committee and commencement of its meetings presidential election petitions were filed at the Supreme Court challenging the election of the President- elect, in accordance with Article 140(1) of the Constitution. The Assumption of the Office of the President Act does not address the question of whether the Committee’s activities stand suspended pending the decision of the Supreme Court regarding presidential election petition(s) filed, in light of the fact that a successful petition would reverse the mandate of the Committee. In this context, it may be prudent to amend the existing law to include an express provision on whether the mandate of the Committee is suspended when a petition is filed in Court or whether the Committee should proceed to prepare for the inauguration notwithstanding the filing of a petition and the possibility of a repeat presidential election. The Committee also recommends that the Kenya Law Reform Commission and the Attorney-General should clarify when the mandate of the Committee commences. Currently, the law is ambiguous as to whether the Committee’s mandate begins after the declaration of the presidential election results or whether it commences when the Presidential Candidates are cleared to run for office as President. Therefore, it is proposed that section 1 be amended by introduction of two sub-sections as follows: “Section 1: This Act may be cited as the Assumption of the Office of President Act, 2012. Section 1A: The Chairperson shall convene the first meeting of the Committee within seven days upon the nomination and clearance of Presidential Candidates by the Independent Electoral and Boundaries Commission pursuant to Article 138 of the Constitution.” The Committee further recommends amendment to the: (i) Membership of the Committee: To create coherence and homogeneity in the ranks of the membership of the Committee that generally comprises of Principal Secretaries and the Solicitor-General, amendments are proposed to section 5 (2) (b) and section 5 (2) (c) which respectively enlist the Attorney-General and the Cabinet Secretary of the Ministry responsible for matters relating to the registration of persons as Members of the Committee. (ii) Functions of the Committee: With regard to functions and powers of the Committee, and mindful that the Committee includes the Clerks of both Houses of Parliament, it is our recommendation that the Committee be given an additional mandate of offering a recommendation to the President on the place and date for the first sitting of the new House of Parliament, which shall be not more than thirty days after the election, as set out under Article 126(2) of the Constitution. (iii) Succession Generally The Committee recommends an amendment to Section 18 of the Assumption of the Office of President Act to affirm the enduring nature of the Government of Kenya by expressly providing that all Cabinet Secretaries and Principal Secretaries shall continue in office until their successors are appointed, albeit with such limited executive authority as may be directed by the new President. (iv) Exercise of Presidential Powers during Temporary Incumbency- Article 134 of the Constitution Article 134 of the Constitution imposes limitations on the powers of the President from the date of the first election until the date a new President is sworn in (period of temporary incumbency). The Committee recommends that it is worth considering an amendment to the Constitution to have the President’s powers restored in full, in the event that the election and declaration of a President-elect is nullified following a petition to the Supreme Court. This will ensure that the President has an express constitutional basis to exercise executive power during the period leading up to a fresh election. (v) Stewardship of the Committee Section 5 of the Assumption of Office of the President Act requires that the Secretary to Cabinet shall be the Chairperson of the Committee. In the case of the just concluded assumption of the President process, the Office of the Secretary to the Cabinet was vacant. Instead, the Head of the Public Service acted as the Chairperson of the Committee. While there are minimal risks of successful legal action against a transition process on this account, it is necessary to amend the law to provide for an alternative Chairperson should the Office of the Secretary to the Cabinet be vacant, or in the event that the holder of such Office is absent. (vi) Budgetary Appropriations to Support the activities of the Committee The Committee observed that the absence of an earmarked budget may derail the activities of the Committee. The Committee recommends that Parliament should provide for a budget in every fifth financial year, coinciding with the period of the General Election, for purposes of financing the activities of the Committee. This will ensure predictability and certainty in the financing of the Committee’s activities, and also provide a clear framework for accountability and independence. (vii) Handing over of Instruments of Power and Authority As a constitutional democracy, it is proposed that we better illustrate Kenya’s role-model status by amending section of 14 of the Act regarding the handing-over of instruments of power and authority. It therefore proposed that we buttress our democratic credentials by changing the order of precedence in hand-over to be: (a) the Constitution; (b) the Presidential Ceremonial Sword; and finally (c) the encased medal for the highest national honour – Order of the Golden Heart – First Class - Chief of the Order of the Golden Heart (C.G.H.). In keeping with the constitutional ethos ushered by the 2010 Constitution and for the third time, this year’s Swearing-in-Ceremony was conducted in fidelity with the law and in accordance with the Programme developed by the Assumption of the Office of President Committee. To signify the transition and the change of guard, the President’s Military Aide-de-Camp (ADC), Brigadier Timothy Stelu Lekolool, switched from outgoing President Kenyatta’s side to President 28th October, 2022 THE KENYA GAZETTE William Ruto’s side, a symbolic act that boldly testified to the smooth and seamless transition from our Fourth President to our Fifth President. The last act to mark the change of guard was the simultaneous raising of the Presidential Standard of the Fifth President at the same time as the lowering of the Presidential Standard of the Fourth President as the three stanzas of the National Anthem played. Thereafter, the transition was sealed by a twenty-one-gun salute in honour of the new Commander-in-Chief of the Kenya Defence Forces. The hand-over of the Instruments of Power and Authority was the last part of a ceremony that was filled with pomp and a rare sense of enthusiasm. On account of the television coverage provided within the East Africa and as well as the South African Regions through DSTV Channel 197, coupled with the enhanced access through digital platforms, the inauguration of His Excellency Hon. William Samoei Ruto as Kenya’s Fifth President drew the largest TV audience in the history of presidential inaugurations in the region. INTRODUCTION The assumption of the Office of President Committee is established pursuant to the Assumption of the Office of President Act (No. 21 of 2012) to provide for the procedure and ceremony for the assumption of the Office of President by the President-elect, in accordance with Article 141 of the Constitution. Article 141 of the Constitution requires that the swearing-in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice. Our constitutional order also requires that the President-elect shall be sworn in on the first Tuesday following— (a) the fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed under Article 140; or (b) the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140. The President-elect assumes office by taking and subscribing to the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule of the Constitution, which oaths are reproduced hereinafter. OATH OF ALLEGIANCE OF THE PRESIDENT OATH OR SOLEMN AFFIRMATION OF ALLEGIANCE OF THE PRESIDENT/ACTING PRESIDENT AND THE DEPUTY PRESIDENT I, ………..........................................……, in full realisation of the high calling I assume as President/Acting President/ Deputy President of the Republic of Kenya, do swear/solemnly affirm that I will be faithful and bear true allegiance to the Republic of Kenya; that I will obey, preserve, protect and defend this Constitution of Kenya, as by law established, and all other laws of the Republic; and that I will protect and uphold the sovereignty, integrity and dignity of the people of Kenya. (In the case of an oath — So help me God.) OATH OF DUE EXECUTION OF OFFICE FOR THE PRESIDENT OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR THE PRESIDENT/ACTING PRESIDENT I, ………................................................………, swear/solemnly affirm that I will truly and diligently serve the people and the Republic of Kenya in the office of the President/ Acting President of the Republic of Kenya; that I will diligently discharge my duties and perform my functions in the Office of President/Acting President of the Republic of Kenya; and I will do justice to all in accordance with this Constitution, as by law established, and the laws of Kenya, without fear, favour, affection or illwill. (In the case of an oath— So help me God.) The Assumption of the Office of President Act, 2012, establishes the Committee to inter-alia: (a) facilitate the handing over process by the outgoing President to the President-elect; (b) organize for the security of the President-elect; (c) organize for the necessary facilities and personnel for the President-elect; (d) co-ordinate the briefings of the President-elect by relevant public officers; (e) facilitate communication between the outgoing President and the President-elect; (f) prepare the programme and organise for the swearing-in ceremony; and (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. In furtherance of the realization of the National Values as enshrined under Article 10 of the Constitution of Kenya, the Act has a self-executing accountability mechanism framework in which the Committee is required to submit its Report of the Committee to Parliament. As such, the Committee is required within a period of one (1) month from the date of the swearing-in of the President-elect, to prepare a report of its affairs and specifically how it executed the high mandate. The Law obligates that the Report should contain: (a) the financial statements of the Committee; (b) a description of the activities of the Committee; (c) such other statistical information as the Committee considers appropriate relating to its mandate; and (d) any other information relating to its functions that the Committee considers necessary. The Committee is further required to submit to Parliament the report and cause the same to be published in the Kenya Gazette and in such other manner as the Committee may determine. ELECTION OF THE PRESIDENT As set out under Article 138 of the Constitution of Kenya, the Presidential election was held on 9th August, 2022 as part of the General Election of members of Parliament being the second Tuesday in August, in every fifth Year. In accordance with the Procedure set out under Article 138 (4) of the Constitution, a Candidate shall be declared elected as President if the candidate receives— (a) more than a half of the votes cast in the election; and (b) at least twenty-five per cent of the votes cast in each of more than half of the Counties. The Independent Electoral and Boundaries Commission (IEBC) on the 15th August, 2022 announced the Presidential Election Results and declared Hon. Dr. William Samoei Ruto, E.G.H. as the President-elect and Hon. Rigathi Gachagua as the Deputy President-elect who had run for election under the United Democratic Alliance Party (UDA) as having met the constitutional threshold for election as President as follows: Candidate Votes Garnered Percentage Number of Counties Candidate Attained at least 25% H.E Hon. William Samoei Ruto E.G.H. 7,176,141 50.49% 39 Hon. Raila Amollo Odinga 6,942,930 48.85% 34 Wajackoyah George Luchiri 61,969 0.44% 0 Waihiga David Mwaure 31,987 0.23% 0 14,213,137 Registered Voters 22,120,458 Turn-Out % 64.25% On the seventh day following the declaration of the Presidential Results, the runners-up in the presidential election contested the election outcome in the Supreme Court in line with the Procedure set 8:18 PM THE KENYA GAZETTE 28th October, 2022 8040 8040 out under 140 of the Constitution on the validity of Presidential results. Subsequently, on the 5th September, 2022 the Supreme Court unanimously dismissed the consolidated Presidential Election Petition challenging the Presidential Election held on 9th August, 2022; and upheld the declaration of William Ruto as President-elect. In view of the foregoing and in accordance with Article 141 (3) of the Constitution, the President-elect would assume office by taking and subscribing to the Oath or Affirmation of Allegiance and the Oath or affirmation for the Execution of the functions of office on Tuesday, 13th September, 2022. As such, the Assumption of the Office of President Committee mandate was triggered by the declaration of the Presidential Election results and the date of the swearing-in of the President-elect and Deputy-President-elect affirmed by the decision of the Supreme Court. ADVISORY ON CONVENING OF PARLIAMENT In accordance with Article 102 of the Constitution, the term of each House of Parliament expires on the date of the next general election. In that regard, following the 9th August, 2022 General Election, the tenure of the Twelfth (12th) Parliament ended on the dawn of the election date, being Tuesday, the 9th August, 2022. Whereas the sunset date of the term of Parliament is set in law, the date of the convening of a newly elected house is not definite. Arising therefrom, the powers of convening a newly elected house are vested in the President as set out Article 126(2) of the Constitution, which provision provides that: “whenever a new House is elected, the President, by notice in the Gazette, shall appoint the place and date for the first sitting of the new House, which shall be not more than thirty days after the election.” In that regard, on account of the fact that the General Election was held on the 9th August, 2022, the thirty (30) days within which Parliament should have its first sitting would lapse on the 8th September, 2022. The Committee considered the position of law as explained by the Attorney-General and noted that the Constitutional duty to convene a newly elected house of Parliament was not one of constitutional prerogatives of the Head of State and Government that was limited in accordance with Article 134(1) (a) on temporary incumbency, which limits the powers of the President during the incumbency period. Acknowledging the constitutional imperatives of convening parliament due to its unique role as the foremost political institution as the house of representatives and with the guidance of the Clerks of the Senate and the National Assembly on the preferred tentative dates for the first sitting of Parliament; the committee recommended that the Head of State and Government, convenes the newly elected Parliament between the 1st September, 2022 but in any case not later than 8th September, 2022. In compliance with the constitutional timelines and furtherance of the resolutions of the Committee, the Office of the Attorney-General and Department of Justice prepared draft Gazette Notices for His Excellency’s consideration and favour of the signature of the Head of State and Government and transmitted the same through the Chairperson. The Gazette Notices convening both Houses are annexed hereto. In recognition of the unique circumstances presented by the 2022 General Election, it is the recommendation of the Committee that mindful of the constitution of the Committee that includes both houses of Parliament, the Assumption of Office of the President Act be amended to specifically include a supplementary function of the Committee to be advisory to the President on the date and venue of convening Parliament pursuant to Article 126. EXECUTION OF THE MANDATE OF THE COMMITTEE As set out under Section 6 of the Assumption of the Office of President Act, the mandate of the Committee is to: (a) facilitate the handing over process by the outgoing President to the President-elect; (b) organize for the security of the President-elect; (c) organize for the necessary facilities and personnel for the President-elect; (d) co-ordinate the briefings of the President-elect by relevant public officers; (e) facilitate communication between the outgoing President and the President-elect; (f) prepare the programme and organise for the swearing-in ceremony; and (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. In undertaking its mandate, the Committee established five sub- committees, as follows: (a) The Legal Sub-Committee; (b) The Security and Logistics Sub-Committee; (c) The State Event, Media and Publicity Sub-Committee; (d) The Sub-Committee on Ongoing State Programmes and the Status of Flagship Projects; and (e) The Budget Sub-Committee. The sub-committees discharged their mandate exceptionally as evidenced by a successful inauguration ceremony for our nation’s Fifth Administration. The terms of reference of each of the Sub-Committee is as annotated hereinafter: Sub-Committee Terms of Reference 1. Legal Sub-Committee: Membership The Attorney-General, Chairperson. The Chief Registrar of the Judiciary. The Clerk of the Senate The Solicitor-General. The Clerk of the National Assembly. The Principal Secretary, State Department for Devolution. The Principal Administrative Secretary, Executive Office of the President. (a) Advise the Committee on legal issues arising out of the execution of its mandate; (b) Prepare Legal briefs to the Committee, the President, the President-elect and the Deputy President-elect; (c) Prepare motions/instruments for the legal part of the Swearing- in Ceremony for the President- elect and the Deputy President- elect; (d) Prepare Gazette Notice on the date and place for the conduct of the swearing-in ceremony; (e) Conduct legal vulnerability assessment by identifying the possible Legal Challenges and obstacles to the Assumptions of the Office of the President; and (f) Perform any other function or tasks as the Sub-Committee may find necessary in order to deliver on its mandate. 2. Security and Logistics Sub- Committee Membership The Principal Secretary, State Department for Interior, Chairperson The Principal Secretary, Ministry of Foreign Affairs. The Chief of the Kenya Defence Forces. The Director-General, The National Intelligence Service The Inspector-General of the National Police Service The Chief Registrar, The Judiciary. The Comptroller of State House. The Principal Administrative Secretary, Executive Office of (a) Provide Security to the President-elect and Deputy President-elect; (b) Develop a comprehensive Security Operation Plan and Orders; (c) Prepare a venue for Swearing-In-Ceremony; (d) Develop a Swearing-In- Programme; (e) Prepare invitations of Foreign and Local Dignitaries; (f) Prepare a State Luncheon in Honour of the newly Inaugurated President and Deputy President; (g) Print and circulate Invitation Cards for the Inauguration of the Nation’s fifth President; (h) Security clearance and accreditation of journalists; 28th October, 2022 THE KENYA GAZETTE the President. The Clerk of the Senate. The Clerk of the National Assembly. (i) Protocol Courtesy and Transport arrangement for Invited Foreign Dignitaries; and (j) Perform any other function or tasks as the Sub-Committee may find necessary in order to deliver on its mandate. 3. Budget sub-Committee Membership The Principal Secretary, The National Treasury - Chairperson The Principal Secretary, State Department for Interior and Citizen Service. The Principal Secretary, State Department for Broadcasting and Telecommunications. The Solicitor-General, The Comptroller of State House. The Principal Administrative Secretary – Executive Office of the President. (a) Prepare a comprehensive budget for the Committee’s activities and the Swearing-in Ceremony; (b) To mobilize and provide adequate financial resources for the Swearing-In-Ceremony; (c) Prepare the Financial Statements of the Committee; (d) Perform any other function or tasks as the Sub-Committee may find necessary in order to deliver on its mandate. 4. State Event, Media and Publicity Sub-Committee Membership The Principal Secretary, Communication and Broadcasting, Chairperson The Principal Secretary, State Department for Culture and Heritage. The Principal Secretary, State Department for Interior and Citizen Services. The Principal Secretary, State Department for ICT The Comptroller of State House. The Principal Administrative Secretary, Executive Office of the President. The Secretary, Information The Government Spokesperson. The Secretary, Intergovernmental Relational Technical Committee. (a) To develop a Communication Strategy in the run-up to and during the Swearing-in Ceremony; (b) Provide the Committee with written updates on items that require the Committee’s direction or approval; (c) In consultation with the President-elect, develop the messaging during this period; (d) Media activation for the Swearing-in Ceremony on all platforms; (e) Identification, Audition, Vetting, Transportation and Accommodation of Entertainment Groups/Persons; (f) Rehearsal/Presentation of the Dance Groups/Choirs/Popular Artists to Perform during the Swearing-In-Ceremony; (g) Media Briefings; and (h) Perform any other function or tasks as the Sub-Committee may find necessary in order to deliver on its mandate. 5. The sub-committee on ongoing state programmes and the status of flagship projects Membership Head of the Public Service Chief of Staff, Office of the Deputy President Principal Secretary, The National Treasury Principal Secretary, State Department for Interior and Citizen Services Principal Administrative Secretary, Executive Office of the President (a) To facilitate any briefings required by the incoming Administration; (b) Preparation of a comprehensive report on all ongoing State Programmes and the Status of Flagship Projects. THE ACTIVITIES UNDERTAKEN BY THE SUB-COMMITTEE Legal Sub-Committee The Legal Sub-Committee considered each of the terms of reference as assigned to it. The Sub-Committee adopted the following positions in relation to each of the terms of reference, in the order listed hereinabove: (a) Advising the Committee on Legal Issues Arising Out of the Execution of Its Mandate: (b) The Sub-Committee identified the following as issues that required to be brought to the attention of the Committee: (a) section 5 of the Assumption of the Office of the President Act requires that the Secretary to the Cabinet shall be the chairperson of the Assumption of the Office of the President Committee. The position of Secretary to the Cabinet is vacant. There may be a risk, perhaps remote, of a legal challenge to the work of the Committee on this account. However, the Sub-Committee is of the considered opinion that there are merited arguments based on the public interest and necessity that would justify the current composition of the Committee, that is, without the Secretary to the Cabinet. The Sub-Committee noted that no court of law is likely to impede the assumption of the Office of the President on account only of there being no Secretary to the Cabinet to chair the Committee. (b) Section 19 of the Assumption of the Office of the President Act requires that the Committee shall cause to be prepared a report on the affairs of the Committee, which report shall be submitted to Parliament. The Committee should note that the said report shall be prepared within a period of one month from the date of the swearing-in of the president elect. The Sub-Committee agreed that the Executive Office of the President should be requested to provide copies of reports that have been done in relation to previous transitions, to guide the development of the report for the current Committee. (c) The Sub-Committee noted the requirements of section 20 (5) of the Assumption to the office of the President Act, to the effect that every member and staff assigned to the Committee is required to sign a confidentiality agreement. In this regard, the Sub-Committee has drafted a confidentiality agreement, with the advice that the same should be signed at the next meeting of the Committee. The draft confidentiality agreement is annexed to this report as Annex 1. Preparing Legal Briefs to the Committee, the President, the President-elect and Deputy President-elect The Sub-Committee adopted the position that the briefs that may be necessary at this juncture should be those that touch on legal issues pertaining to the transition and assumption of Office by the President- elect and Deputy President-elect. The Sub-Committee noted that all Ministries, Departments and Agencies had prepared handover reports, which would include information relevant to the respective Ministries, Departments and Agencies. However, the Sub-Committee agreed to provide briefs on any other specific issues upon request. In that regard, the Sub-Committee identified the following issues as among those in respect of which legal briefs may be prepared for the Committee, the President, the President-elect and the Deputy President-elect: I. The Legal Prescriptions on the Swearing-in Ceremony The Legal Prescriptions for the Swearing-In include the requirement in section 12 of the Assumption of the Office of the President Act that the swearing-in of the President-elect shall be conducted in a public ceremony held in the capital city; the Committee shall publish, by notice in the Gazette, the date and place for the conduct of the swearing-in ceremony; and requirement in section 13 of the said Act that the swearing-in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice. Article 141 of the Constitution provides that the President-elect shall be sworn in on the first Tuesday following— (a) the fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed; or (b) the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed. 8:18 PM THE KENYA GAZETTE 28th October, 2022 8042 8042 In that regard, if no election petition is filed, the swearing-in should take place on the 30th August, 2022. If a petition is filed and the court renders a decision declaring the election to be valid, the latest possible date for the swearing-in would be the 13th September, 2022. The Day of the Swearing in Shall be a Public Holiday The Sub-Committee noted that as per the provisions of Section 12 (3) of the Assumption of Office of the President Act, the day on which the President-elect is sworn-in shall be a public holiday. The Committee should therefore bring this to the attention of Cabinet Secretary for Interior and Co-ordination of the National Government for purposes of gazettement of that day as a public holiday. The Sub- Committee has prepared a draft Gazette Notice for consideration by the Cabinet Secretary. The draft Gazette Notice is annexed to this report as Annex 2. Composition of the Committee The Sub-Committee observed that by virtue of section 5 (2) (r) of the Assumption of the Office of the President Act, the Committee should also comprise three persons nominated by the President-elect. The Committee should, therefore, advise the President-elect of this requirement. First Sitting of Parliament Article 126(2) of the Constitution provides that whenever a new House is elected, the President, by notice in the Gazette, shall appoint the place and date for the first sitting of the new House, which shall be not more than thirty (30) days after the election. Since the election was held on the 9th August, 2022, the thirty (30) days within which Parliament should have its first sitting shall expire on the 8th September, 2022. The Clerks of the Senate and the National Assembly indicate that the preferred tentative date for the first sitting of Parliament was between the 1st September, 2022 – 8th September, 2022. In this regard, the Sub-Committee recommends that the Committee should consider advising the President to appoint the place and date of the first sitting of the new House, to ensure compliance with the constitutional timelines. This will avert the risk of delays that may ensue if an election petition is filed to challenge the declaration of the result of the presidential election. (c) Preparing Motions/Instruments for the Legal Part of the Swearing-in Ceremony for the President-elect and the Deputy President-elect The Sub-Committee observed that Article 141 (3) of the Constitution provides that the President-elect assumes office by taking and subscribing to: (a) the oath or affirmation of allegiance, and (b) the oath or affirmation for the execution of the functions of office. The form and substance of the said instruments is as prescribed in the Third Schedule of the Constitution. The Chief Registrar of the Judiciary informed the Sub-Committee that the Judiciary has prepared drafts of the requisite instruments. Extracts of the said oaths and affirmations, as derived from the Third Schedule of the Constitution, are annexed to this report as Annex 3. Prepare Gazette Notice on the Date and Place for the Conduct of the Swearing-in Ceremony The Sub-Committee has prepared a draft Gazette Notice for purposes of indicating the date and place for the conduct of the swearing-in ceremony. The same is annexed to this report as Annex 4. (e) Conduct Legal Vulnerability Assessment by Identifying the Possible Legal Challenges and Obstacles to the Assumption of the Office of the President There is the potential that the presidential election result may be challenged at the Supreme Court. Therefore, if a petition is filed, the swearing-in of the President-elect and the Deputy President-elect will necessarily be delayed to allow for the determination of the petition, as indicated hereinbefore. The Legal Sub-Committee as part of its compliance check of its mandate noted that as follows: (1) All the Committee members as required under section 20 (5) of the Assumption to the Office of the President Act, signed the Confidentiality Agreement; (2) The Committee communicated the request for designation of representatives by the President-elect as required under section 5 (2) (r) of the Assumption of the Office of the President Act and the same was effected, signified by the nomination of the President-elect and attendance of Hon. Justin Mururi, Hon. Gladys B. Shollei and Ms. Veronica Maina, in all Committee meetings subsequent thereafter. (3) The Committee Gazetted Tuesday, 13th September, 2022 as a public holiday of General observance throughout the Republic of Kenya vide Kenya Gazette No. 10540, and further Gazetted Moi International Sports Centre, Kasarani vide Kenya