Homestretch: Handover plans underway as Uhuru succession takes shape

President Uhuru Kenyatta displays his certificate after his swearing-in ceremony in Nairobi. [File, Standard]

It is exactly 30 days to elections and the motions of ushering in a new president and his administration have begun in earnest.

President Uhuru Kenyatta is expected to hand over power to the president-elect on August 23 to either his deputy Willam Ruto, former Prime Minister Raila Odinga, Prof George Wajackoyah or David Waihiga if there will be no petition challenging the vote.

The Transition Committee is led by Head of Civil Service Joseph Kinyua and comprises all arms of government, including the Executive, Legislature and Judiciary.

The 20-member committee designated by law as "the transition committee" will facilitate a smooth handover of power. 

Its activities are anchored under the Assumption of Office President Act, No. 21 of 2012. The assumption of office provisions is enshrined in Article 141 of the Constitution following the chaos of the 2007 election. The Article gave Parliament powers to enact the legislation providing for the procedure and ceremony for the swearing-in of the president-elect. 

“The ad hoc committee and shall consist of — the Secretary to the Cabinet who shall be the chairperson, the Attorney-General, the Cabinet Secretary of the Ministry responsible for matters relating to the registration of persons and immigration,” reads the Act. The transition committee oversaw the 2013 transition, as well as the 2017 re-election of President Kenyatta.

Military Send-off

Also expected in the same period is the Kenya Defence forces (KDF) to give their Commander-in-Chief a military send-off at the Kenya Defence Force college in Karen. 

In March 2013, KDF bid farewell to the late retired President Mwai Kibaki as the Commander-in-Chief. The colourful farewell parade was held for him after 10 years as the C-in-C.

President Kenyatta was first elected into office on March 4, 2013, and re-elected in a repeat presidential election on October 26, 2017. 

During the ceremony at Moi Air Base, Nairobi, KDF presented President Kibaki with a tractor, military uniform, memorabilia, four-grade cows, and a 24-piece dinner set, among other gifts.

It is expected that the senior government officials who are appointees of the President will begin doing their handover reports on Monday.

The senior officials will however serve until the next government is formed and this could go up to the end of August. The officials include the cabinet secretaries, principals secretaries and other senior officials like advisors to the presidency and ministries.

On the Transition Committee, Mr Kinyua, who led the 2017 one, will coordinate the briefings of the president-elect by the relevant public officers, facilitate communication between the outgoing president and the president-elect and prepare the programme and organise the swearing-in ceremony.

Others in the team are Interior Cabinet Secretary Fred Matiang’i, his Principal Secretary Karanja Kibicho, Inspector General of Police Hilary Mutyambai, Chief of Defence Forces Gen Robert Kibochi and the National Intelligence Service Director Philip Kameru.

Others are State House Comptroller Kinuthia Mbugua, Attorney General Kihara Kariuki, Principal Secretaries Jerome Ochieng (Information, Communications and Technology), Julius Muia (National Treasury), Macharia Kamau (Foreign Affairs), Julius Korir (Devolution), Joe Okudo (Sport) and Solicitor General Ken Ogeto. 

Anchored in law

“The committee is anchored in law and is not a secret. It’s a function of the law. As and whenever we convene, we will keep the country informed,” Mr Ogeto told The Saturday Standard yesterday.

While the committee members are appointed by virtue of the offices they hold, some of them have been caught up in the politics of the fallout between DP Ruto and President Kenyatta. 

In the past Dr Matiang'i, PS Kibicho and the IG have been accused by the Kenya Kwanza brigade of working against him.

The DP has recently accused the Inspector General of the way he has run the force under him. The CSs have refuted the claims, citing their role, law and function of their offices.

In May, Garissa Township MP Aden Duale questioned failure to appoint the Secretary to the Cabinet, a position he said plays a crucial role in power transition.

“As it is presently, there is no person holding the Office of the Secretary to the Cabinet in terms of Article 154 of the Constitution. The Assumption of the Office of the President Act No. 21 of 2012 clearly stipulates that the leadership of the committee is to be headed by the Secretary to the Cabinet," Mr Duale’s letter reads in part.

Secretary Approval

He asked the Speaker to compel the chairperson of the Departmental Committee on Justice and Legal Affairs (JLAC) to provide a statement with answers since the Secretary to the Cabinet should be approved by Parliament which was due to adjourn.

The two clerks of Parliament (National Assembly and the Senate), as well as the Secretary to the Intergovernmental Relations Secretariat, will also sit on the transition committee. The quorum to conduct the business at a meeting of the committee is two-thirds of the members.

The committee will be expected to ensure the IG provides security to the president-elect and his deputy during the period they have been declared winners of the election.

Currently, IEBC is supposed to ensure Dr Ruto, Mr Odinga, Prof Wajackoyah and Mr Waihiga and their running mates receive security until the date of the election. Any harm to any of the eight persons will lead to a postponement of the election for two months.