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The Source Of Kimemia’s Powers: Assumption Of The Office Of President Act No. 21 of 2012

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Here below is the piece of legislation from which Francis Kimemia draws the powers that has made him the big boy in Kenya; needless to mention that all statutes are subordinate to the constitution! Read >

Assumption Of The Office Of President Act No. 21 of 2012

The Act provides for how a president elect will be treated in Kenya.
It is established to provide guidance on the subsequent events after the official announcement by the Independent Electoral and Boundaries Commission of the President-elect. It is a brief Act and mainly details on the security and swearing in ceremony of the president-elect.
It provides for the establishment of a Committee which oversees various functions and powers.
 
Overview
The Committee established is the Assumption of the Office of President Committee and consists 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.
  • The Principal Secretary in the Ministry responsible for matters relating to internal security.
  • The Principal Secretary in the Ministry responsible for matters relating to finance.
  • The Principal Secretary in the Ministry responsible for matters relating to foreign affairs.
  • The Principal Secretary in the Ministry responsible for matters relating to information and communication.
  • The Principal Secretary in the Ministry for the time being responsible for matters relating to constitutional affairs.
  • The Principal Secretary in the Ministry responsible for matters relating to the Cabinet Office.
  • The Principal Secretary in the Ministry responsible for matters relating to local government.
  • The Principal Secretary in the Ministry responsible for matters relating to culture and social services.
  • The Chief of the Kenya Defense Forces.
  • The 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.
  • The Clerk of the National Assembly.
  • The Chief Registrar of the Judiciary.
  • Three persons nominated by the President-elect.
  • The Clerk of the Senate.
  • The Secretary to the Intergovernmental Relations Secretariat, appointed under the law relating to inter-governmental relations.
The Functions and powers of the Committee are as follows:
  • Facilitate the handing over process by the outgoing President to the President-elect.
  • Organize for the security of the President-elect.
  • Organize for the necessary facilities and personnel for the President elect.
  • Co-ordinate the briefings of the President-elect by relevant public officers.
  • Facilitate communication between the outgoing President and the President-elect.
  • Prepare the programme and organize for the swearing in ceremony.
  • Carry out any other activity necessary for the performance of its functions under this Act and perform any other function assigned to it under any other written law.
The Committee is given all powers necessary for the execution of its functions under the Constitution, this Act and any other written law.
The Act provides for various arrangements which concern the President-elect. They are as follows:
  1. Security detail 
Upon the declaration of the final results of a presidential election by the Commission under Article 138 of the Constitution and section 39 of the Elections Act (No. 24 of 2011), the Committee shall ensure that the President-elect and Deputy President-elect are accorded adequate security.
  1. Security briefing
The Committee shall ensure that the President-elect receives security briefings from the respective national security organs.
  1. Public officers to provide required information
The President-elect shall, in consultation with the Committee, carry out such preparations as may be necessary for the purpose of assuming office.
The President-elect may, in carrying out preparations, request in writing for such information from a public officer as the President elect may consider necessary. A public officer from whom information is requested shall provide the information within a reasonable time.
A public officer who fails to comply with such a request commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.
Swearing in Ceremony
The swearing in of the President-elect shall be conducted in a public ceremony held in the capital city in accordance with Article 141 of the Constitution. [Rev. 2012] No. 21 of 2012
The Committee shall publish, by notice in the Gazette, the date and place for the conduct of the swearing-in ceremony. The day on which the President-elect is sworn in shall be a public holiday.
Taking of oath and signing of certificate of inauguration
The President-elect shall, during the swearing in ceremony, take and subscribe the oath or affirmation of allegiance and the oath or affirmation for the execution of the functions of office in accordance with Article 141 of the Constitution.
Article 141 of the Constitution,
(1) The swearing in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice.
(2) The President-elect shall be sworn in on the first Tuesday following—
(a) the fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed under Article 140; or
(b) the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140.
(3) The President-elect assumes office by taking and subscribing the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule.
(4) Parliament shall by legislation provide for the procedure and ceremony for the swearing-in of a President-elect.)
Chief Justice
The oath or affirmation under subsection 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 10.00 am and not later than 2.00 pm, save that the Deputy Chief Justice shall undertake the task only in circumstances where the Chief Justice is incapacitated.
Upon taking or subscribing to the oath or affirmation, the President shall sign a certificate of inauguration in the presence of the Chief Justice or in the absence of the Chief Justice, the Deputy Chief Justice.
 
Handing over of instruments of power and authority
Upon signing the certificate of inauguration, the outgoing President shall hand over to the President the following instruments of power and authority;
a)      A sword.
b)      The Constitution.
This exercise shall not apply where the incumbent is re-elected into office.
 
Swearing in of the Deputy President-elect
The Deputy President-elect shall take and subscribe to the oath or affirmation of allegiance and oath or affirmation for the execution of the functions of office in accordance with Article 148 of the Constitution.
 
Inauguration speech

The President shall, upon the swearing in of the Deputy President elect, give an inauguration speech to the nation.

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