Article 141 of the Constitution provides that the swearing-in of the President-elect must be in public before the Chief Justice or the Deputy Chief Justice.
The ceremony should not take place earlier than 10am or later than 2pm.
According to the existing law, the Assumption of the Office of President Committee is established before the President and his deputy are sworn into office after an election.
The committee is ad hoc and consists of the Secretary to the Cabinet, who is the chairperson, the Attorney General and Principal Secretaries of the ministry responsible for matters relating to the registration of persons and immigration, defense, internal security, finance, foreign affairs as well as information and communication.
Others are the Chief of the Defence Forces, Director-General of the National Intelligence Service, the Inspector-General of the National Police Service, the person in charge of the administration of the affairs of State House, Clerks of the National Assembly and Senate, Chief Registrar of the Judiciary and six persons nominated by the President-elect.
The chairperson is mandated to convene the first meeting upon declaration of a President-elect while Principal Secretary in the ministry responsible for the Cabinet Office is the secretary.
Functions and powers of the committee include facilitating the handover process by the outgoing President, organising for the security, facilities and personnel for the President-elect.
It is also mandated to co-ordinate the briefings of the President-elect by relevant public officers, facilitate communication between the outgoing and the incoming administrations, and organise the swearing-in ceremony.
On handing over of instruments of power and authority, the law states that the outgoing President should hand over a sword and the Constitution upon signing the certificate of inauguration.
Gachagua succession
However, handover does not apply where the incumbent is re-elected into office.
"The day-to-day functioning of the Government before and during the assumption of office by the President-elect is subject to the constitutional provisions regarding transition and succession of institutions, offices, assets and liabilities," the Act states.
Following the impeachment of Deputy President Rigathi Gachagua, the Head of Public Service Felix Kosgei gazetted a 23-member committee to oversee the organisation of the swearing-in ceremony of Kithure Kindiki, his successor.
The Assumption of the Office of the Deputy President Committee is in accordance with the Assumption of the Office of the President Act.