Committee to oversee Kibaki handover day

By ISAAC ONGIRI

Some 16 top State officials will prepare for the handing over of power to Kenya’s fourth president after the historic elections expected in March next year.

And President Kibaki is said to be laying emphasis on the new arrangement captured under the Assumption of the Office of the President Bill 2012 to ensure a co-ordinated arrangement in which State power is cordially handed over.

The new legislation to be debated before Parliament provides for the creation of an ad hoc committee to be chaired by the Secretary to the Cabinet, a position Mr Francis Kimemia holds.

Under the proposed new law, Kimemia is expected to call the first meeting of the committee at least before February, 4 next year, just a month before the elections, to initiate plans for the assumption of office by the man or woman, who will be elected Kenya’s fourth president.

New law
Under the new law, public officers will be compelled to share State information they are privy to with the new President, including intelligence information, as soon as he or she is declared winner of the elections.

“A public officer who fails to comply with the provisions of this section commits an offense and is liable, on conviction, to a fine not exceeding Sh1 million or to imprisonment for a term not exceeding two years or both,” reads Article 11 (4) of the proposed new law.

Chairman of the Committee on the Implementation of the Constitution (CIOC) Abdikadir Mohamed said the Bill is among the most important ones the House must pass.

“There are several Bills and the Assumption of the Office of the President Bill is among those crucial ones we are going to put pressure on the House to pass,” Abdikadir said.

Most of those who will sit on the first Assumption of the Office the President Committee are the current holders of offices defined by the proposed law as those to be enjoined in the membership of the organ. Three of its 16 members are to be nominated by the president-elect.

Apart from Kimemia, who will chair the powerful committee, other members of the group will include the Attorney General and five principal secretaries, though still they are still referred to as permanent secretaries.

Permanent secretaries in charge of Internal Security Mutea Iringo, Joseph Kinyua (Finance), Thuita Mwangi (Foreign Affairs), Bitange Ndemo (Information and Communication), Gichiira Kibara (Justice and Constitutional Affairs) are expected to be in the powerful organ.

Key figures
Other key figures who will handle the historic responsibility are Lt-Gen Julius Karangi (Chief of the General Staff) and General Michael Gichangi (Director General of the National Intelligence Service).

The Inspector General of the National Police Service is also part of the team. The current holder of the equivalent position is Police Commissioner Mathew Iteere. Also in the team are the Clerk of the National Assembly Patrick Gichohi and Chief Registrar of the Judiciary Gladys Sholei.

Immediately the winner of the presidential elections is declared, the committee is required to deploy a strong security detail to take charge of the security of the president-elect and his deputy.

The Bill, which will be tabled in Parliament by Internal Security Minister George Saitoti has declared the presidential swearing-in day a public holiday.

President Kibaki has already endorsed the new proposal saying it would give room for a peaceful transition of power under a well-coordinated arrangement.

“The Government has prepared the Assumption of Office of President Bill, which will be tabled in Parliament soon. This Bill, among other provisions, details how a president-elect will take over office and the processes of handing over with clear timelines,” Kibaki said recently.

In a break from the past where after the last elections Kibaki was sworn-in under the cover of darkness at State House, under the new law elected presidents will take oath in public at a ceremony held in the official capital city.

“The oath or affirmation under subsection (1) shall be administered to the president-elect by the Chief Registrar before the Chief Justice or in the absence of the Chief Justice, the Deputy Chief Justice not earlier than 10am and not later than 2pm,” states the proposed legislation.

At the swearing-in, Kibaki is to hand over a symbolic sword and the Constitution to the new President.
The proposed law, however, does not state when the elected president is to take over the official residence after the swearing-in.