On August 15, 2022, Deputy President William Samoei Ruto and Mathira MP Rigathi Gachagua were declared the President-elect and Deputy President-elect respectively of the Republic of Kenya.
The two trounced their closest rivals Raila Odinga and Martha Karua by garnering 7.17 million and 6.94 million votes respectively, as announced by the chairperson of the Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati.
The electoral body gazzetted their names as required by the Constitution on August 9, 2022.
“The Chairperson of Independent Electoral and Boundaries Commission declares in respect to article 136(1) of the Constitution, Ruto William Samoei and in respect to 148(3) of the Constitution, Gachagua Rigathi have been duly elected as the President and Deputy President respectively of the Republic of Kenya having complied with the provisions of article 138(4) of the constitution during the general election held on Tuesday 9th August 2022,” the gazette notice read in part.
The Assumption of the Office of President Committee held its inaugural meeting on 12th August 2022 ahead of the preparations for the new regime. The key mandate of the committee, which is currently chaired by Head of Public Service and Secretary to the Cabinet Joseph Kinyua, is to ensure a seamless changeover between the outgoing and the incoming administration.
The transition committee is also charged with ensuring that the President-elect and the Deputy President-elect have sufficient security prior to their swearing-in into office under the Office of the President Act of 2012.
The National Intelligence Service (NIS), the Kenya Defense Forces (KDF), and the National Police Service (NPS) make up the committee. Public officials are expected to furnish the President-elect with the necessary information under the Assumption of Office of the President Act of 2012.
During the preparations, the president-elect has the authority to request in writing from a public official any information that he or she deems necessary.
The President-elect must take the oath of office in front of the public in the presence of the Chief Justice, or the Deputy Chief Justice in his or her absence,
The President-elect is sworn in on the first Tuesday after either (a) the fourteenth day after the date of the declaration of the presidential election results, if no petition has been filed under Article 140; or (b) the seventh day after 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 Third Schedule requires the President-elect to take and subscribe to the oath or affirmation of allegiance and the oath or affirmation for carrying out official duties before taking office.
The process and ceremony for the oath of office for a President-elect shall be set forth by law, as provided by Parliament. (1) The President’s term in office runs from the day the President-elect takes the oath of office until the inauguration of the next President elected in line with Article 136(2)(a).
