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House committee shoots down proposed law on power handover

House committee shoots down proposed law on power handover
Parliament buildings in Nairobi. PHOTO/National Assembly
In Summary

The National Assembly Security Committee has recommended that the Assumption of the Office of the President and Transition of Executive Authority Bill, 2025, be thrown out completely.

A parliamentary team has rejected a government-backed Bill that sought to introduce tougher rules on the handover of power after a presidential election.

The National Assembly Security Committee has recommended that the Assumption of the Office of the President and Transition of Executive Authority Bill, 2025, be thrown out completely, dealing a blow to President William Ruto’s administration.

The proposed law, sponsored by Majority Leader Kimani Ichung’wah and introduced in February, was designed to enforce stricter financial and administrative controls during election periods.

Among its provisions, the Bill proposed a 90-day freeze on major government payments, recruitment, and contractual commitments ahead of elections.

It also barred accounting officers from authorising payments exceeding Sh50 million without Treasury clearance and prohibited state officers from entering into new contracts during the transition window.

The Bill further sought to prevent ministries, departments and agencies from making international commitments and prescribed fines of up to Sh10 million for breaches.

It required ministries and agencies to prepare detailed handover reports by July 15 of the election year, covering bank balances, staff establishment, achievements, disciplinary cases, pending Bills, assets, ongoing projects, and court matters.

Cabinet Secretaries and Principal Secretaries would also have been barred from making new appointments or travelling abroad without written approval from the head of Public Service.

According to the drafters, the legislation was meant “to seal gaps and ensure smooth and more unified presidential transitions,” a concern that arose after Ruto’s rocky takeover from his predecessor Uhuru Kenyatta in 2022, which his team claimed was marred by obstruction and lack of cooperation.

The committee, chaired by Narok West MP Gabriel Tongoyo, however, said the existing law sufficiently addresses transition matters.

“The Assumption of the Office of President Act is an elaborate and comprehensive law that adequately provides for the assumption of office of the President,” the committee stated. “Accordingly, a new law is unnecessary and amendments to the existing law ought to have been proposed to cure any gaps noted during implementation of the current Act.”

The panel added that imposing expenditure restrictions could disrupt essential government services such as healthcare, security, and disaster response during critical periods.

It also pointed out that the Constitution and other statutes already provide clear procedures for appointment, removal, and placement of senior state officers nominated by an incoming president.

The committee’s report will now be tabled in plenary for debate and possible adoption by the House.

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