The Assumption of the Office of President and Transition of Executive Authority Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Ad Hoc Transition Committee and Secretariat Established
The Bill establishes an ad hoc Transition Committee co-chaired by the Head of the Public Service and a nominee of the President-elect. The Committee will include cabinet officials, security chiefs, parliamentary clerks, the Chief Registrar of the Judiciary, and nine nominees of the President-elect. A Transition Secretariat and a Transition Centre will be created to manage information and coordinate the handover.
New KSh 50 Million Spending Limit for Transitioning Officers
During the transition period—commencing 90 days before the first election vote—Cabinet Secretaries, Principal Secretaries, and accounting officers face new restrictions:
- Public officers cannot travel outside Kenya without prior written approval from the Head of the Public Service.
- No fresh appointments of public officers may be made.
- Accounting officers cannot transfer staff or authorize payments exceeding KSh 50 million without prior written approval from the National Treasury.
Disrupting the Transition Carries KSh 10 Million Fine
The Bill introduces strict penalties for non-compliance during the transition period:
- Any public officer who fails to provide required information to the President-elect commits an offence punishable by a fine up to KSh 1 million, imprisonment up to two years, or both.
- Public officers who violate conduct rules, enter unauthorized contracts, or take actions intended to disrupt the transition face a fine of up to KSh 10 million, imprisonment up to 10 years, or both.
Ministries Must File Detailed Handover Reports by July 15
Ministries, State departments, and agencies must submit comprehensive handover reports to the Head of the Public Service by July 15th of an election year. These reports must outline ministerial mandates, financial statements, bank accounts, pending bills, human resource records, ongoing programmes, and court cases.
Bill No.
No. 1 of 2025
Gazette No.
Supplement No. 5 of 2025
Sponsor
Kimani Ichung'wah
Background
The Bill provides a clear, legally binding procedure for the assumption of the Office of the President and the smooth transition of executive authority. It repeals the existing Assumption of the Office of President Act (Cap. 6C) to introduce stronger oversight, more structured timelines, and strict compliance measures during the sensitive transition period.
Key Amendments
- Repeal of Cap. 6C: The Bill fully repeals the Assumption of the Office of President Act (Cap. 6C).
- Transition Period: Defined as commencing ninety days before the first vote in a presidential election and ending ninety days after the President-elect assumes office, or when the Committee presents its report to Parliament.
- Creation of Transition Committee: Establishes a multi-agency Committee to oversee security, prepare swearing-in arrangements, coordinate briefings by national security organs, and manage communication between the outgoing President and the President-elect.
- Official Secrets Act Application: Members of the Committee nominated by the President-elect must be bound by the Official Secrets Act (Cap. 187).
New Obligations
- Submission of Handover Reports: Under Section 24, all ministries and State agencies must submit comprehensive handover reports by July 15th of an election year. These reports must document assets, liabilities, bank accounts, pending bills, personnel, and ongoing projects.
- Information Requests: Under Section 18, public officers must provide the President-elect with any requested information within a reasonable time to facilitate the orderly transfer of authority.
- Restrictions on Key Administrative Actions: Cabinet and Principal Secretaries are barred from making new appointments, and accounting officers are barred from transferring staff or authorizing payments over KSh 50 million without explicit Treasury clearance.
Penalties
- Failure to Cooperate with the President-Elect: Any public officer who fails to provide requested transition information is liable to a fine not exceeding KSh 1 million, imprisonment for up to two years, or both (Section 18(4)).
- Breaching Transition Conduct Rules: Any public officer who unlawfully enters contracts, travels without clearance, or makes unauthorized payments above KSh 50 million faces a fine not exceeding KSh 10 million, a prison sentence of up to 10 years, or both (Section 23(3)).
- General Penalty: For any offense under this Act where no specific penalty is provided, the general penalty is a fine not exceeding KSh 10 million, imprisonment up to seven years, or both (Section 31).
Transitional Provisions
- Continuity of Office: To ensure government operations do not stall, Cabinet Secretaries, the Attorney-General, Principal Secretaries, and designated State officers remain in office until their successors are appointed (Section 25).
- Accounting Officers: Accounting officers designated under Section 67 of the Public Finance Management Act (Cap. 412A) must continue holding office until a successor is officially designated (Section 26).
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