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GAZETTE NOTICE NO. 10527
GAZETTE NOTICE NO. 10527
REGISTRATION
the following units and formations were involved in the
execution and implementation of the operation order as follows:
(a) Nairobi Area Command (NPS);
(b) General Service Unit;
(c) GSU Training School and APTC;
(d) Rapid Deployment Unit;
(e) Anti-Stock Theft Unit;
(f) Anti-Terrorist Police Unit;
(g) Bomb Disposal Unit;
(h) National Police Air Wing;
(i) K9 Unit;
(j) National Youth Service; and
(k) Nairobi City County Enforcement.
The laid down security plan ensured that visitors from upcountry
who began streaming into the venue on the eve of the inauguration by
18:00 Hrs. on 12th September, 2022, were well secured and at 01:00
Hrs. the stadium gates were opened after security clearance by the
security team.
The Moi International Sports Centre, Kasarani Stadium was full to
capacity before dawn. In order to avert a stampede, the National Police
Service informed members of the public that the stadium was full to
capacity through radio stations, TV stations and alternative media
outlets. However, more enthusiastic members of the public continued
streaming into the stadium necessitating closure of the inner perimeter
of the stadium.
Whereas the overall operation plan was executed with minimal
variations, there was a stampede at around 08:50 Hrs. at gate 6 and 19
as enthusiastic Kenyans attempted to force their way into the stadium.
This regrettable incident was predicated by a delay by contracted
service providers’ delay in installing outdoor screens for the overflow
28th October, 2022 THE KENYA GAZETTE
as earlier anticipated leading to a standoff between police and
members of the public who had no alternative way of following
proceedings from the stadium. Arising from the incident, four police
officers (One Sergeant and Three Trainees sustained minor injuries
after they were pelted with stones), eleven civilians also regrettably
sustained minor bruises arising from the commotion that ensued.
Transport and Logistics
The Committee was also tasked with the responsibility of co-
ordinating transport for honoured guests to the venue, including the
First Family, members of the Outgoing President’s Family, members
of both houses of Parliament, Executives of State Corporations,
Chairpersons and CEOs of Constitutional Commissions and Holders
of Independent Offices, Principal Secretaries, Judges and Judicial
Officers and Cabinet Secretaries.
To achieve the goal, seventy-seven (77) 60 seater buses were
sourced from various institutions and State Agencies with National
Youth Service (NYS) providing thirteen buses.
In addition to Transport facilitation for VIPs, the facilitation of
visiting Heads of State and Government was exclusively handled by
the Presidential Escort Unit.
Protocol Team
The Protocol Team was charged with the task of coordinating all
aspects the etiquette, decorum and order required f rte ceremony. Its
membership was drawn from the Ministry of Foreign Affairs,
Government Reception Office, Parliament, GPSO, Council of
Governors (CoG) and State House.
Invitations Team
Several Heads of State and Government and Special Guests were
invited to the event. Despite the short notice and prior commitments,
nineteen (19) Heads of State and Government graced the occasion.
Further, 37 delegations were represented at various levels ranging
from Prime Ministers, Vice Presidents, Ministers, Ambassadors and
Special Envoys. Other special guests included two (2) former
presidents. Overall, forty-seven (56) foreign delegations attended the
ceremony (Appendix II).
Reception of Foreign Dignitaries and Honoured Guests
Most of the dignitaries were received at the Jomo Kenyatta
International Airport (JKIA).
Presidents and Heads of Government were received at the
Presidential Pavilion. Non-executive Prime Ministers and Vice
Presidents were received through VIP 3 while Ministers and
Ambassadors came through VIP 2.
Ambassador-level greeters were available throughout the duration
of the arrival and departure of the dignitaries. All arriving Presidents
and Heads of Government were presented with a bouquet of flowers.
In some cases, the Kenya Defence Forces mounted a Guard of Honour
or Troop-in-Line as applicable. The receptions and departures were
conducted proficiently and satisfactorily.
Escorts of Honour
Most official delegations were allocated Governors, Senators and
ambassador-level escorts of honour as designated by the Office of the
President-elect. However, other delegations were allocated additional
diplomatic courtesy senior official from the Ministry of Foreign
Affairs. The guests were properly chaperoned throughout their stay to
guarantee their comfort and easy acclimatization.
Transportation of Foreign Dignitaries
All foreign dignitaries were allocated adequate transport
commensurate to their status. Vehicles were allocated as follows:-
(i) Presidents/Heads of Government, Seven (7) vehicles.
(ii) Non-Executive Prime Ministers and Vice Presidents –three
(3) vehicles.
(iii) Ministers, Ambassadors, Special Envoys, two (2) vehicles.
Co-ordination of accommodation of foreign dignitaries
All Presidential/Head of Government delegations and their
entourages were allocated suitable and adequate accommodation based
on their preferences.
Ushering and seating guests at the venues
There were two main venues, the Moi International Sports Centre,
Kasarani and State House, Nairobi. At Kasarani, ushering was a joint
responsibility between personnel from Ministry of Foreign Affairs,
Government Reception Office and Servicemen from the National
Youth Service. Guests were chaperoned from their hotels following a
well laid out order of precedence.
Heads of State/Government were ushered into a holding room and
then escorted to the arena. Other foreign dignitaries were led straight
to the dias.
Programmes Team
The Programmes Team was responsible for the smooth flow of the
event’s activities, time management as well as the preparation of the
programmes that guided the course of events of the day. This
Committee consisted of representation from the Government
Reception Office, State Functions Office, the Judiciary, Kenya
Defence Forces and the Regional Commissioner, Nairobi. The
preparation of the various programmes was undertaken as detailed
below:
Events prior to the arrival of the President-elect at the inauguration
venue
This segment of the programme entailed programming with regard
to settling in members of the public and offering them entertainment as
well as ushering local and foreign dignitaries at the MISC, Kasarani
prior to the arrival of the President-elect. This part of the day’s
programme took care of events that preceded the swearing-in. (See
more elaborate details of the entertainment function in the report on
Entertainment Sub-Committee).
Ceremonial Parade
The Kenya Defence Forces prepared and displayed a Trio-Service
Guard of Honour, Presidential fanfare and 21 Gun Salute in honour of
His Excellency the President of the Republic of Kenya and
Commanderin-Chief of the Defence Forces on the occasion of his
second inauguration. Prior to the event, the KDF conducted adequate
parade rehearsals.
Printing of the official programmes and invitation cards
Attendance was open to the general public. However, 18,000
invitation cards and official programs were printed (Appendix IIB).
State Luncheon
A State Luncheon was held at State House Nairobi where
approximately 7000 guests were hosted. The luncheon was graced by
a number of Heads of State and Government.
Essential Services Team
The Essential Services Team was responsible for the preparation
and execution of an effective disaster response, preparedness and
management system.
It comprised the following: Ministry of Health, National Disaster
Operation Centre, Kenya Red Cross Society, St. John Ambulance and
Nairobi City County Government.
The Essential services Operational Committee deployed 19
Ambulances as follows:
• Kenya Red Cross Society – 10.
• St. John’s Ambulance -3
• Nairobi City County Government -4.
• Ministry of Health -2.
• Beyond Zero Mobile Clinic -1 (for VVIPs and VIPs),
Aga Khan University Hospital Mobile Clinic -1 (for VVIPs and
VIPs)
Ceremonial Presidential Chairs
On account of the unprecedented number of visiting Heads of
State, the Sub-Committee was also tasked with provision of
Ceremonial Presidential Chairs for use during the state ceremony.
In that regard, a total of forty-nine (49) Presidential Chairs were
sourced as follows:
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State House 15
Nairobi Region 22
Eastern Region 4
Kiambu County 4
Machakos County 4.
The State Event, Media and Publicity Sub-Committee
The Sub-Committee was charged with co-ordination of media,
publicity and entertainment. The mandate entailed formulating
messages and publication of articles, press relations, branding and live
coverage of the state ceremonies, auditioning and vetting of artists.
Press Briefings
The Committee held five press briefings between 12th August,
2022 and 12th September, 2022 to update the public on the date and
venue of the inauguration of our nation’s fifth Administration.
The press briefings also apprised the Kenyan public as well as
the community of nations on the security arrangements made, number
of guests expected for the State Ceremonies, foreign dignitaries
expected as well as the traffic operation order.
Media Accreditation
The Media and Publicity Sub-Committee facilitated the media to
cover the inauguration ceremony on 13th September, 2022. A total of
900 journalists including media crews were accredited to cover the
event through a dedicated link:
https://eventsaccreditation.go.ke/event/1/ and were issued with badges
which they used to access the venue.
Messaging and Branding
The Sub-Committee produced Radio infomercials that were played
by Kenya Broadcasting Corporation (KBC) and its affiliate radio
stations. The themes that were adopted for messaging included:
national unity and values. TV infomercials were also produced and
aired on KBC’s TV Channel One and Y254 TV stations.
The Media Coverage of the State Event
The Inauguration Ceremony was beamed live on all media
channels including the digital platforms. The live coverage was made
possible by a production by Multichoice which distributed the
broadcast signal to both local and foreign houses.
The production also enabled the event to be viewed across the
continent DSTV Channel 197. The countries that were covered
included: Uganda, Tanzania, Ethiopia, Ghana, Botswana, Zambia,
Namibia, Nigeria and South Africa.
The Broadcast quality was High Definition (HD) and had different
camera angles providing comprehensive coverage of the entire
stadium, the catchment areas, as well as the Procession of the
Outgoing President, the President-elect and the Deputy-President-elect
from State House and Karen residence to the Stadium.
The digital feed was also provided to both local and international
media across the globe. Kenya Broadcasting Corporation (KBC)
documented the entire 8-hour event. The media crew were facilitated
to take still photographs throughout the event.
On account of the television coverage provided within the East
African and as well as the South African Regions 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 audiences in the history of Presidential
inaugurations in the region.
Media Centre and On-Site Management of the Media
The Sub-Committee successfully activated and managed the Media
Centre at the MISC, Kasarani. As part of the activation, the Media
Centre was equipped with high-speed Internet that extended to the
main dais and Gate 10 for Live streaming. The WI-FI with credentials:
inauguration2022 password: President 2022 were provided for both
the media and VIP guests seated at the main dais. The foreign press
teams accompanying the Invited Heads of State and Heads of
Delegation were facilitated accordingly.
Special Publications in MyGov
In discharge of the Sub-Committee’s mandate to embed messaging
on national unity, the weekly issues of myGov in the run-up to the
inauguration carried embedded articles on national unity and our
shared destiny as one indivisible nation.
Souvenirs
The Sub-Committee produced 60,000 miniature Flags and 3,000
branded lapel pins, which were distributed to honoured guests and the
public at the stadium.
Presidential Portraits
The Sub-Committee shared the official portrait specifications and
samples with the President-elect’s team. Upon grant of approval by the
President elect, the Sub-Committee facilitated the production of
50,000 copies of the Presidential Portrait in the following Sizes:
A2 Size 30,000 Copies
A3 Size 20,000 Copies.
The portraits have been distributed to all Government offices in all
arms of Government and both tiers through the Directorate of
Information. However, for Foreign Missions abroad, the distribution
has been effected by our nation’s foreign office – the Ministry of
Foreign Affairs.
Entertainment
In keeping with the traditions and customs during state functions
and ceremonies, a part of the programme is allocated to entertainment
in celebration of our culture and heritage.
As such various groups are selected for entertaining all those
participating in the State ceremony. In regard to the inauguration of the
Fifth President, the guiding criteria for identification and selection of
performing groups and artistes was based on the following factors, as
follows:
(a) Showcasing the face of Kenya;
(b) Representation of different genres of music available in
Kenya;
(c) Representation of different age groups and cadres;
(d) Showcasing Kenyan Musical cultures to the world;
(e) Enhancing National Pride and Identity;
(f) Promoting the captivating and entertaining works of art;
(g) Promoting National Integration and cohesion; and
Giving an opportunity to Kenyan artistes to perform for a national
audience.
In fidelity with the foregoing criteria, the main programme stadium
performance was packaged into a 22 minutes production that included:
(i) Florence Mureithi performing Usikiaye Maombi – A
thanksgiving song to God for His faithfulness and for answering our
prayers;
(ii) Pop Choral song performed by 100 choristers led by
Audiphaxad Omwaka (Guardian Angel) performing a reworked
version of the song Kenya – celebrating Kenyans for their hard work
and resilience and also calls on all Kenyans to come together in unity
in order for our country to move forward;
(iii) Three new songs of popular genres created by identified
artistes including:
• Mungu Ameibariki Kenya – a thanksgiving song celebrating
our country, our leadership, our patriotism and a prayer for the country
by five gospel popular artistes – Peterson Githinji (Pitson), Ruth
Matete, Fred Omondi, Mary Wanjiru (Shiru wa GP) and Florence
Andenyi,
• Twasema Asante – a patriotic and a thanksgiving song to the
almighty God for peaceful elections and for giving us a new President
and other great leaders (A new dawn) performed by 10 popular gospel
artistes – Solomon Mkubwa, Anastacia Mukabwa, Victor Mbuvi,
Laura Karwirwa, Betty Bayo, Hezron Marwa, Mourine Awuor (Nya
Jerusalem), Phenny Kerubo, Beatrice Chepng’eno (Mum Cherop) and
Charity Nashipae
• Twafurahia Leo, a patriotic song celebrating the incoming
leaders and all Kenyans done by 5 popular artistes – Sanaipei Tande,
Nadia Mukami, Bridget Kioko, Ali Etale (Arrow Boy) and Evans
Ochieng;
28th October, 2022 THE KENYA GAZETTE
(iv) Choral Performance incorporating Zabron Singers from the
republic of Tanzania performing the song Mkono wa Bwana a
thanksgiving song to God for the far He has brought us (our Nation);
and
(v) A showcase of 100 contemporary dancers’ performance
complementing the entire production of the performances.
The Sub-Committee on Ongoing State Programmes and the Status of
Flagship Projects
The Sub-Committee was established to provide an institutional
framework to service all requests from the Office of the President-elect
and to facilitate any briefings required by the incoming
Administration.
The Sub-Committee prepared a comprehensive report on all
ongoing State Programmes and the Status of Flagship Projects and
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, Ministry of Agriculture,
Ministry of Public Service, Gender, Senior, Special Programmes and
Citizen Affairs being the Ministry responsible for drought mitigation
measures, Ministry of Energy and Petroleum and the Energy and
Petroleum Regulatory Authority.
The Budget Sub-Committee.
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 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, constituted as follows:
The National Treasury Vote 1071
Executive Office of the President 172,442,631.00
Ministry of Foreign Affairs 55,167,400.00
State Department for Sports 9,400,000.00
State Department for Interior and
Citizen Services 35,176,676
State Department for Culture and
Heritage 26,999,940.00
State Department for Broadcasting 27,498,000.00
State Department for Information,
Communication, Technology and
Innovation 2,030,000.00
Judiciary 2,000,000.00
Total 330,714,647.00
The Budget for the Executive Office of the President was
appropriated towards the fabrication and setting up of the Presidential
Dias and Pavilion, the inauguration Arena VVIP dais, VIP dais that
held over 3,000 persons and all the other ancillary décor and fixtures
including additional screens as well as defraying the cost of hosting
the state luncheon at State House.
VALEDICTORY ADDRESS: A FAREWELL TO THE NATION
On the eve of the inauguration of our nation’s Fifth President,
President Uhuru Kenyatta, in his last opportunity to address the nation
as President delivered his valedictory Speech (farewell address).
In his address, the outgoing Head of State and Government
thanked the Kenyan people for according him the profound
opportunity to serve as President for two terms of office noting that
one’s service to their country is the greatest honour any citizen can
receive in a democracy.
The outgoing President thanked all Kenyan people for the goodwill
they accorded him while in office and for the immense opportunities
they accorded him to serve in various public roles over the last two
and a half decades, which included: Chairman of the Kenya Tourism
Board, Member of the Jomo Kenyatta University Council, Chairperson
of Disaster Emergency Response Committee, Member of Parliament
for Gatundu, Cabinet Minister serving in the Ministries of Local
Government, Trade and Finance, The Leader of the Official
Opposition, Deputy Prime Minister, and as President of the Republic.
His Excellency used the address to highlight the achievements of
his administration acknowledging that the work of building a nation is
a continuous endeavour passed from one generation to another and
from an administration to another. The outgoing Head of State further
reiterated his mantra and guiding philosophy as seeking to bring the
nation closer to its destiny and desiring to give every Kenyan a chance
- in all the work that he had done as President, in every presidential
decision he made, in every executive action he undertook, in every Bill
he proposed and assented to. The shared aspiration being guided by the
dream of our forefathers - to eliminate poverty, ignorance and disease,
to improve the quality of life of all Kenyans and to create conditions
for everyone to achieve their dreams.
The Outgoing President concluded his address by conveying his
felicitations to the incoming President and his well wishes in which he
stated as follows:
“Mr. President-elect, as you walk the path to your inauguration
and beyond, you will be President not just for those who voted for you
but for all Kenyans. In the prophetic words of our national anthem -
we are all summoned to purposefully dwell in unity, peace and liberty;
working hard and together, so that plenty will be found in our borders.
We, therefore, pray for your success, as your success will be
Kenya’s success.” A copy is annexed hereto and marked as Appendix
X.
THE SWEARING-IN CEREMONY OF OUR NATION’S FIFTH
PRESIDENT
Rehearsals of the Swearing-in
The Judiciary and other Members of the Committee conducted
rehearsals both at the Moi International Sports Centre, Kasarani and
the Residence of the Deputy President at Karen on 12th September,
2022.
In keeping with our constitutional traditions and democratic ethos,
the transition from the outgoing Commander in Chief to the incoming
Commander-in-Chief is celebrated with military fanfare by the Kenya
Defence Forces.
Kenya Defence Forces scheduled a full dress rehearsal on Saturday
10th September, 2022 at the Moi International Sports Centre, Kasarani
commencing at 10:00 O’clock in the forenoon.
The Swearing-In and Inauguration Ceremony
The Swearing-In ceremony was conducted by the Chief Registrar
of the Judiciary Hon. Anne Amadi, C.B.S. and witnessed by Her
Ladyship the Chief Justice Hon. Martha K. Koome, E.G.H.
As a prelude to the swearing-in ceremony, the Chief Justice
introduced the President-elect to the nation by the following
invocation:
“I have the honour and privilege to introduce the President-elect of
the Republic of Kenya, His Excellency William Ruto to the nation.
William Samoei Ruto was on the 15th of August, 2022 declared as
the duly-elected President of the Republic of Kenya pursuant to the
provisions of Articles, 136, 138(4) and 138 (10) (A) of the
Constitution of Kenya in the August 9, 2022, Presidential Election.
I, Martha Karambu Koome, Chief Justice of the Republic of
Kenya, do hereby introduce to the people of Kenya the President-elect
His Excellency, Dr. William Samoei Ruto to take his place on the
inauguration dais.”
Thereafter, the Chief Registrar administered the Oath of
Allegiance to the President-elect H.E Hon. Dr. William Samoei Ruto,
E.G.H. with Her Excellency First Lady Mrs. Rachel Ruto by his side.
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 before the Chief Justice.
8:18 PM THE KENYA GAZETTE 28th October, 2022
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The Chief Registrar of the Judiciary invited His Excellency
William Samoei Ruto, E.G.H., PhD., to take his seat at the
Inauguration Dais to sign the Oath of Allegiance, Oath of Due
Execution of Office and Certificate of Inauguration in the presence of
the Chief Justice.
The Chief Justice then introduced the incoming President to the
Nation and presented a set of the Oath of Allegiance, Oath of Due
Execution of Office of the President, and the Certificate of
Inauguration to His Excellency William Samoei Ruto, E.G.H., PhD.
amidst fanfare and celebrations.
Subsequently, the Deputy-President-elect His Excellency Hon.
Rigathi Gachagua took his Oath of Allegiance and Oath of due
execution of the Office of Deputy President effectively becoming the
nation’s second Deputy President.
Upon the deputy President-elect assuming Office as the Deputy
President, the outgoing President His Excellency President Uhuru
Kenyatta, C.G.H., handed over to His Excellency President William
Samoei Ruto instruments of power and authority, in the following
order:
(a) the Constitution;
(b) the Presidential (Commander-In-Chief) Ceremonial Sword;
(c) 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.).
To signify the transition and the change of guard, the President’s
Military Assistant Aide-de-camp (ADC) Brigadier Timothy Stelu
Lekolool switched from outgoing President Kenyatta’s side to
President William Ruto’s side, marking the penultimate symbolic act
to signify a smooth and seamless transition from our Fourth President
to the Fifth President.
The last act to signify the change of guard was the simultaneous
raising of the Presidential Standard of the Fifth President and lowering
of the Presidential Standard of the Fourth President as the three stanzas
of the National Anthem were played. Thereafter, the transition was
sealed by a twenty-one-gun salute.
In accordance with Section 16 of the Assumption of the Office of
President Act, the highlight of the State Ceremony was the
inauguration address delivered by His Excellency President William
Samoei Ruto, PhD., C.G.H. amidst a frenzy of an enthusiastic
audience. A copy of the landmark address is annexed hereto and
marked as Annex XI.
CONCLUSION AND RECOMMENDATIONS
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. 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) 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 a new mandate of offering a recommendation to
the President on the place and date for the first sitting of the new
House, 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
(v) 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.
(vi) 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.
(vii) 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.
(viii) 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.).
Dated the 28th October, 2022.
Extracted Entities (1)
previous_gazette_ref
10527
Details
- Date Signed
- 28th October 2022
- Page
- 6
- Extraction Method
- regex
Source Gazette
Vol. CXXIV No. 228
Published 13th September 2022