Presidential Transition Bill Signals Ruto's Calculated Move for 2027 Election

President William Ruto is actively pursuing amendments to key legislation as he prepares for the 2027 presidential election.

This initiative has ignited criticism from political opponents who argue that Ruto should prioritize stabilizing the electoral commission, which remains in a state of disarray. Recently, Ruto's Cabinet introduced the Assumption of Office of President and Transition of Executive Authority Bill, 2024. The bill includes provisions where an outgoing president may not physically transfer power instruments during the swearing-in ceremony of the president-elect; in such instances, the omission would not invalidate the swearing-in process.

This legislative push follows the proposed Elections (Amendment) Bill, 2024, which suggests the potential discontinuation of live streaming for presidential election results. Ruto's path to the presidency was marked by intense opposition, notably from outgoing President Uhuru Kenyatta, during the 2022 General Election. Speculation surrounding Kenyatta's attendance at Ruto’s inauguration was quickly put to rest when he appeared at Moi International Sports Centre in Kasarani on September 13, 2022.

At the event, Deputy President-elect Rigathi Gachagua publicly criticized Kenyatta's administration. However, Gachagua’s political journey faced a setback when Parliament impeached him in October 2024 and was subsequently replaced by Prof. Kindiki Kithure. Since then, Gachagua has pledged to campaign against Ruto's re-election. The proposed legislation also aims to provide the president-elect and deputy president-elect with security arrangements on par with those of the sitting president and deputy president.

According to a Cabinet dispatch, the bill is designed to facilitate more efficient and cohesive presidential transitions moving forward. The draft is set for introduction in Parliament, which is currently in recess and will reconvene in February 2025. To ensure continuity within government operations, the new bill proposes that Cabinet secretaries and principal secretaries remain in their positions until the incoming administration appoints new officials.

Additionally, the bill clarifies the responsibilities of the president-elect regarding the nomination and appointment of members for the Assumption of Office Committee, as well as the establishment of a Transition Centre. To deter obstructive behaviour from state and public officers during transitions, the legislation suggests imposing stricter penalties, including fines of up to Sh10 million, imprisonment for up to ten years, or both.

This latest draft builds on the National Government Administration Laws (Amendment) Bill, 2023, which aimed at amending the Assumption of Office of the President Act, 2012. The previous legislation proposed an increase in representatives of the president-elect from three to six, reflecting concerns raised by Ruto’s allies regarding the challenges they faced during the transition following Kenyatta's failed support for opposition leader Raila Odinga.

Ruto's transition team comprised key figures such as Justin Muturi, now serving as Public Service Cabinet Secretary; nominated Senator Veronica Maina; his former Chief of Staff Davis Chirchir, currently the Cabinet Secretary for Roads and Transport; and Uasin Gishu Woman Representative Gladys Shollei. These proposed legislative amendments aim to bridge existing gaps and facilitate a more seamless transfer of executive authority in upcoming elections.