Parliament told to reject the Assumption of office of the President Bill 2024

 

Former President of East African Law Society James Aggrey Mwamu at his office in Kisumu

By Dickson Odhiambo

December 20, 2024

Parliament told to reject the Assumption of office of the President Bill 2024

Parliament has been told to totally reject the Bill on Assumption of the office of the President that the Cabinet recently approved.

Former President of the East African Law Society James Aggrey Mwamu says the Assumption of the office of the President and Transition of Executive Authority Bill, 2024 has some sections which are very punitive indeed.

Addressing the press at his Kisumu office, Mwamu said the section of the Bill where it proposes a fine of up to shs 10 Million, imprisonment of up to 10 years, or both for state and public officers who obstruct transition is not right at all.

Mwamu says the sitting President should be able to tell at what point it will appear as if civil servants or state officers want to interfere with the transition.

“The sitting President is still the Commander-In-Chief and at what point does he or she decides that this is interference from public of State officers on the issue of the transition?” Mwamu asks.

Mwamu argues that already there is a Penal Code dealing with cases bordering on criminal offences and it has captured some of these issues that are proposed in the Assumption of office of the President and Transitional Authority Bill, 2024.

Mwamu adds that the proposal in the Bill that the President-Elect and Deputy President-Elect receive security arrangements equivalent to the sitting President and the Deputy President should not be like that since the President-Elect and the Deputy President-Elect have not been sworn-in into office to start using tax payers money.

Mwamu says the proposal in the Bill that the President-Elect nominates and appoints members of the Assumption of the office Committee and provides for a Transition Center is also not right, adding that the President-Elect should just second two or three people to the Committee so that the handing over can be done peacefully.

He further says that the proposal about continuing with the swearing-in of  President-Elect without the attendance of the outgoing President is also not good, adding that there must be proper reasons as to why the outgoing President can’t attend especially on being incapacitated or issues of illness.

“One of these days, a renegade President whiles the matter still pending at the Supreme Court of Kenya will go and organize his or her swearing in even without the outgoing President attending. There is a reason for the outgoing President to attend this because he or she shall hand over instruments of power to the incoming President,” Mwamu further adds.

The Cabinet last week approved the Assumption of the office of the President and Transition of Executive Authority Bill, 2024.

The proposed law aims to seal gaps and ensure smoother and more unified Presidential Transition in the Country.

It consolidates the procedures for the Assumption of the office and the transfer of the Executive authority into a single legislative framework. It now heads to Parliament.