Kenya introduces Bill to ensure smooth presidential transitions

The government has tabled the Assumption of the Office of President and Transition of Executive Authority Bill, 2025 in Parliament in a bid to safeguard Kenya’s democratic stability.

The Bill, which was approved on December 17, 2024 by the Cabinet, seeks to provide a structured and transparent framework for presidential transitions, ensuring a seamless transfer of power regardless of political circumstances.

The proposed law consolidates and streamlines procedures for the assumption of office by the President-elect and the transition of executive authority.

It also addresses past challenges experienced in the presidential handovers by creating a clear legal structure that governs how power is transferred.

According to a statement from the Office of the Prime Cabinet Secretary and the Ministry of Foreign and Diaspora Affairs, the bill will regulate the assumption of office ceremony, executive transition processes, and handover procedures before and after a presidential election, in line with Article 141 of the Constitution.

The transition period will last 90 days before a presidential election and 90 days after the President-elect assumes office.

An ad hoc Assumption of Office and Transition Committee will oversee the process.

The assumption of office and transition committee will include: The Head of Public Service (co-chair), Attorney-General, Chief of Defence Forces, Inspector-General of Police, National Intelligence Service Director, Secretary to the Cabinet, Principal Secretaries from key ministries, nine persons nominated by the President-elect.

According to the bill, no Cabinet Secretary or Principal Secretary shall make financial commitments, appoint public officers, or travel abroad without prior written approval. It also requires all government agencies to submit the handover reports detailing ongoing projects, international obligations, and financial matters.

“Within 90 days before a presidential election, no Cabinet Secretary or Principal Secretary shall make any commitment intended to be binding on the Government, unless the commitment is necessary during that period and has been duly budgeted for,” the statement said.

It adds that within the period, no Cabinet Secretary or Principal Secretary shall make any fresh appointments of public officers or nominate persons for appointment as public officers, travel outside Kenya without the prior written approval of the Head of Public Service.

Officials who disrupt the transition process may face fines of up to Ksh10 million or imprisonment of up to 10 years.