Report On Consideration Of The Assumption Of The Office Of President And Transition Of Executive Authority Bill, 2025

TABLEOFCONTENTS

| CHAIRPERSON'SFOREWORD | | |------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------| | Acknowledgement. | | | PARTI. | | | 1.0PREFACE | | | 1.1MandateoftheCommittee | | | 1.3 Committee Membership 2.0THEPROPOSEDASSUMPTIONOFTHEOFFICEOFPRESIDENTAND | | | TRANSITIONOFEXECUTIVEAUTHORITYBILL(NATIONALASSEMBLYBILL NO.1 OF2025) | | | 2.1 Analysis of the Bill | | | 2.2 ComparativeAnalysis of theBill and the CurrentAct. 3.OCONSIDERATIONOFTHEPROPOSEDASSUMPTIONOFTHEOFFICEOFTHE PRESIDENTANDTRANSITIONOFEXECUTIVEAUTHORITYBILL(NATIONAL | | | ASSEMBLYBILLNO.1OF2025).. ..18 | | | 3.1 The Legal Provision onPublicParticipation | .18 | | 3.2 Submissions on the Bill. | 18 | | 3.2.1.Submissionsby theStateDepartmentforParliamentaryAffairs.. 19 | | | 3.2.2. Submission from the State Department for Internal Security and National Administration. 20 3.2.3.Submissions by the Office of theAttorney General | 20 21 | | 3.2.7Submissionsby theKenyaLawReform Commission. | | | | 23 | | | 27 | | 4.0COMMITTEEOBSERVATIONS.. | | | PARTV | | | | 28 | | | 28 | | | 5.0COMMITTEERECOMMENDATIONS | | 3.2.6 The Office of the Chief Registrar of theJudiciary. | | | | .22 | | 3.2.4. Submission by the Office of the Inspector General of National Police. | |

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CIIAIRPERSON'SFOREWORD

The Assumption of the Office of President and Transition of Executive Authority Bill, 2025, (National Assembly Bill No. 1 of 2025), sponsored by the Leader of Majority Party, Hon. Kimani Ichumg'wah, MP was read a First Time on 20th February, 2025 and committed to the Departmental Committee onAdministration andInternal Securityforconsideration andreporting to theHouse, pursuant to Standing Order 127(1)

The Bill proposes to repeal the current Assumption of the Office of the President Act, which was assented to on 27th August, 2012 and commenced on 9th March, 2013. The Bill proposes to expand the scope of the law on transition in the offices of Cabinet Secretaries, the Attorney General, Principal Secretaries and the Secretary tothe Cabinet.

Pursuant to Article 11s(1) (b) of the Constitution and Standing Orders 127(3), advertisements for requestforsubmissionofmemorandawereplacedin theprintmediaon25hFebruary,2025inviting interestedmembers of the publie to submitviews on the Bill.The Committee received submissions firom the State Department for Parliamentary Affairs,the Ministry of Interior and National Administration, the Office of the Deputy President, the Office of the Attorney General and the Office of the Inspector General of the National Police Service.All submissions were considered by the Committee.

The Committee, having considered the Assumption of the Office of President and Transition of Executive Authority Bill(National Assembly Bill No.1 of 2025) clause by clause and taking into considerationviews andrecommendations ofthe stakeholderspursuant toStanding Order 127(3A), made observations containedinPartFour ofthisreport andrecommendedthattheIIouse REJEC'TS theBill.

Acknowledgement

The Committee is thankfiul to the Office of the Speaker and the Clerk of the National Assembly for the logistical and technical support accorded to it during its sittings.

On behalf of the Committee, and pursuant to Standing Order 127(4), it is my pleasant duty to table theReport of theDepartmentalCommittee on Administration andInternalSecurityon its consideration of the Assumption of the Office of President and Transition of Executive Authority Bill(National Assembly Bill No. 1 of 2025).

HON.GABRIELTONGOYO,CBS,MP CHAIRPERSON DEPARTMENTALCOMMITTEEONADMINISTRATION&INTERNALSECURITY

1.0PREFACE

1.1MandateoftheCommittee

• 1.TheDepartmental Committee on Administration andInternal Securityis constituted pursuant to the National Assembly Standing Order 216(1) which mandates Departmental Committees to-
• a. investigate,inquireinto,and report onallmattersrelating to the mandate,management, activities,administration,operations and estimates ofthe assignedMinistries and departments;
• b. study the programme and policy objectives of Ministries and departments and the effectiveness oftheimplementation; (ba) on a quarterly basis, monitor and report on the implementation of the national budget inl respect ofits mandate;
• C. study andreviewall legislationreferred toit;
• d. study,assessand analyzetherelativesuccessoftheMinistries anddepartmentsbytheresults obtained ascomparedwiththeirstatedobjectives;
• investigate and inquire into all matters relating to the assigned Ministries and departments as e. they may deem necessary, and as may be referred to them by the House;
• f. vet and report on all appointments where the Constitution or any law requires the National Assembly to approve, ercept those under Standing Order 204 (Committee on Appointments); (fa)examinetreaties,agreements andconventions;
• make reports and recommendations to the House as often as possible,includingrecommendation g. of proposed legislation;
• h. consider reports of Commissions and Independent Offices submitted to the House pursuant to theprovisionsofArticle254oftheConstitution;and
• examine anyquestionsraisedby Members ona matterwithin its mandate.

1.2SubjectsoftheCommittee

2. In executing its mandate, the Committee is mandated to consider the following subjects:

• a. Home affairs, internal security - including police services and coast guard services;
• b. Publicadministration;and
• C. Immigration and citizenship

PARTI

1.3 Committee Membership 3. The Committce comprises of the following Members: -

Hlon. Gabriel Tongoyo, CBS, MP Chairperson Narok West Constituency

Hon. Col. (Rtd.) Dido Rasso, MBS, MP Vice Chairperson Saku Constituency

Hon.Kaluma Peter,CBS,MP Homa BayTown Constituency

Hon.Aduma Owuor, MP Nyakach Constituency

Hon. Fred C. Kapondi, MP Elgon Constituency

Hon.Liza Chepkorir Chelule,MP Nakuru County

Hon.Sarah Paulata Korerc,MP Laikipia NorthConstituency

Hon. Oku Kaunya, MP Teso North Constituency

Hon. Mburu Kahangara, MP Lari Constituency Hon.PeterMasara,MP Suna West Constituency HonProtusEwcsitAkujah,MP Loima Constituency Hon.Rozaah Akinyi Buyu,MP

Kisumu West Constituency

Hon.Caroline Ng'elechi, MP Elgeyo-Marakwet County

Hon. Francis Sigei, EBS, MP Sotik Constituency

Hon.HIusscin Weytan, MP Mandera East Constituency,

1.5CommittceSccrctariat

• 4.The Committee Secretariat consists of the following:

Mr.JohnMugoma ClerkAssistantI Head of Secretariat

Ms.Grace Wahu ClerkAssistantII

Mr. Gideon Kipkogei ClerkAssistantII

Mr.EdisonOdhiambo Fiscal Analyst I

Ms.Clarah Kimeli Principal Legal Counsel I

Ms. Delvin Onyancha Research OfficerII

Mr.BensonKimanzi Serjeant at Arms

Ms. Judith Kanyoko Legal Counsel II

Ms. Ivy Maritim MediaRelationsOfficerIII

Mr. Rodgers Kilungya AudioOfficer

PARTII

• 2.0THEPROPOSEDASSUMPTIONOFTHEOFFICE OFPRESIDENT AND TRANSITION OF EXECUTIVE AUTHORITY BILL (NATIONAL ASSEMBLY BILL NO. 1 OF 2025)
• 2.1Analysis oftheBill
• 5.The following is the analysis of the Bill: -
• 6.Clause 1 of the Bill provides for the short title of the Bill as"the Assumption of the Office of President and Transition of Exccutive Authority Act,2025"

7. Clause 2 provides for interpretation of the terms used in the Bill. Certificate of inauguration" means a certificate signed by the President upon being sworn in;"Commission"means the Independent Flectoral and Boundaries Commission established under Article SS of the Constitution; "Committee" means the Assumption of the Oflice of President and Transition of Executive Authority Committee established umder clause S; "facilities" include an oflice, furniture, office machines and equipment, a house and a vehicle; "national security organs" means the institutions set out in Article 239(1) of'the Constitution; "President-elect"means the person elected as President under Articles 138(4) or 138(7) of the Constitution but who has not assumed office under Article 141(3) of the Constitution; ""public officer" has the meaning assigned to it under Article 26O of the Constitution;and "Secretariatmeans the secretariatofthe Committee establishedumderclause14. 8. Clause 3 of the Bill provides for the objects of the Act. These are to provide for the procedure and ceremony for the assumption of the office of President by the President-elect; promote the orderly transfer of the executive authority from the outgoing to the incoming administration; and ensure public officers take appropriate lawfiul steps to facilitate orderly transition of the executive authority. 9. Clause 4 provides for the guiding principles which are to guide the assumption of the office of President and Transition of Executive Authority Committee. These are Articles 134 and 141 of the Constitution and the national values and principles of governance set out in Article 10. 10. Clause 5 provides for the application of the provision of the Act. The Bill proposes that the Act shall apply to the assumption of the Oflice of President by a President-elect; the assumption of the Office of Deputy President by the Deputy President-elect; and transition arrangements duringthetransitionperiod. 11. Clause 6 provides for six instances when transition of executive authority shall take place or be deemed to have taken place. These are when the President-elect assumes office in terms of

Article 141 or 146 of the Constitution, when the Deputy President-elect assumes office in terms of Article 148 of the Constitution, when the Attorney-General assumes office in terms of Article 156 of the Constitution, when a Cabinet Secretary assumes office in terms of Article 152 of the Constitution;andwhen theSecretary to the Cabinet assumes officein terms of Article154 of the Constitution.

12. Clause 7 sets out the transition period as the period commencing ninety days before the first vote in a presidential election and ending ninety days after a President-elect assumes office or when the Committee presents its report to Parliament under section 29, whichevercomescarlier. 2. 13.Clause 8 provides for the establishment of the Assumption of the Office of President and Transition of Executive Authority Committee.It establishes the Committee as an ad hoc committeeconsistingoftwenty-fivemembersasfollows-- 3. (i) the Head of thePublic Service who shall be a co-chairperson; 4. (ii) the Attorney-General; 5. (ii) the Secretary to the Cabinet; 6. (iv) the Principal Secretary in the State Department responsible for matters relating to registration of persons and immigration; 7. (v) the Principal Secretary in the State Department responsible for matters relating to internal security; 8. (vi) the Principal Secretary in the State Department responsible for matters relating to defence; 9. (vii) the Principal Secretary in the State Department responsible for matters relating to foreign affairs; 10. (vii) the Principal Secretary of the State Department responsible for matters relating to finance; 11. (ix) the Principal Secretary in the State Department responsible for matters relating to information andcommunication; 12. (x) the Principal Secretary in the State Department responsible for matters relating to culture; 13. (xi) the Chiefof theKenyaDefenceForces; 14. (xii) the Director-General of the National Intelligence Service; 15. (xiii) the Inspector-General of the National Police Service; 16. (xiv) the Clerk oftheNational Assembly; 17. (xv) the Clerk oftheSenate; 18. (xvi) the Chief Registrar of the Judiciary; and 19. (xvii) nine other persons nominated by thePresident-elect. 20. ninepersons nominated by him/her and that that co-chairperson be the spokesperson of the Committee.It also requires thePresident-elect to nominate a public officer of at least the rank of Secretary or its equivalent inthepublic service,to be the Secretary to the Committee and

head of the Secretariat.It further provides that cach of the nine members of the Committee nominated by the President-elect shall bebound by theprovisions of the Official Secrets Act as ifthat memberwas a public oflicer.

• 15.TheBill mandates the Head of thePublic Service toconvene thefirst meeting of the Committee upon declaration of the clection of the President-elect by the Independent Electoral and Boundaries Commission.It provides that a vacancy in the membership of the Committee shall not affect the decisionsof the Committee and sets the quorumfor theconductof thebusiness at ameetingoftheCommitteeattwo-thirdsofall themembersoftheCommittee.

16. The Bill requires the Attorney-General, to appoint the persons nominated by the Presidentelect by notice in the Gazette but provides that any nomination by the President-elect of the nine members shall not be construed as an exercise of the functions or powers of the President. The Committee shall hold office until the expiry of the transition period.

• 17.Clause 9 provides for the fimctions of the Committeewhich are to facilitate the assumption of the office ofthePresident and DeputyPresident,facilitate the transitionof executiveauthority and the handing over process by an outgoing administration to an incoming administration, oversee the provision of adequate security to thePresident-elect and DeputyPresident-elect upon the declaration of the results of the presidential election by the Commission,oversee the provision of security briefings to the President-elect by the national security organs and to oversee the provision of briefings of the President-elect by relevant public officers.

18. The Committee's mandate is also to organize for the necessary facilities and personnel for the President-elect, facilitate communication between the outgoing President and the Presidentclect, prepare the programme and organize for the swearing-in ceremony and oversee the smooth transition ofthe outgoing President and DeputyPresidentinto retirement.Thefimction of overseeing the transition of the outgoing President and Deputy President however, does not apply where the Deputy President has been elected as the President-elect or the Deputy President-elect. The Committee is also mandated to perform any other function necessary for the attainment of the objects of the Act or as may be assigned to it by any other written law. 19. Clause 10 provides for the powers of the Committee and grants the Committee all powers necessaryfor theexecution ofitsfunctions umder theActor any other written law.

• 20.Clause 11providesfor subcommittees of the Committee.Itpermits the Committce to establish subcommittees for the better carrying out of its fimctions umder the Act. It also permits the Committee to co-optinto themembership of an established subcommittee personswhose knowledge and skills are necessary for the performance of the functions of the Committee.

21. Clause 12 provides for the convening of meetings. Save as otherwise provided in the Act, the Committee co-chairpersons are jointly be responsible for determining the agenda of the

Committee meetings including the time and date of the meetings and convening the meetings oftheCommittee.

• 22.Clause13providesfor theProceduresof theCommitteeandpermitstheCommitteeto
• 23.Clause 14provides for the establishment of theTransitionSecretariat,which is the secretariat of the Committee. It requires the Head of the Public Service to appoint the members of the Secretariat on the date of the declarationof the resultsof thepresidentialelections.The Secretariat shall consist of suchnumber of public officers as determined by theCommittee as maybe necessaryfortheefficientdischarge of themandateof theCommittee.That notwithstanding,theSecretariat shall include public officersfrom each of following offices and cadresofthepublicservice-
• (i) oneperson from the Office oftheHead of PublicService;
• one person from the Cabinet Office;
• onenationalgovernment administrative officer;
• onestate counsel from the OfficeoftheAttorney-General;
• (v) threesecurityofficers asfollows--
• (a)one officer from the Kenya Defence Forces;
• (b) one police officer from the National Police Service; and
• (c) one intelligence officer from the National Intelligence Service; and
• (vi) three persons from the National Treasury as follows--
• (a one officer from the Public Debt Management Office;
• (b) one officer from the Office of the Accountant-General; and
• (c)one officer from the Office of the Head of Supply Chain Management.

24. The Bill further permits the Committee to co-opt not more than six other public officers into the Secretariat in order to benefit from any special skills as may be necessary for the better carrying out of the functions of the Secretariat. The Secretariat shall hold office until the expiry ofthetransitionperiod.

• 25.Clause15provides for the Transition Centre to be established in the capital citywhich shall serve as the transition office of the President-elect and Deputy President-elect before the assumption of office and be the depository of any information and documents required during the transition period.
• 26.Clause 16 provides for the security detail for the President-elect.It requires theInspectorGeneral oftheNationalPoliceServiceto ensure that thePresident-electand DeputyPresidentelect are accorded adequate security upon the declaration of the final results of a presidential election by the Commission under Article 138 ofthe Constitution and section 39 ofthe Elections Act. In this case "adequate security" means security at the same status as the incumbent President and DeputyPresident.

27. Clause 17 provides for security briefing and requires that the heads of the national security organs ensure that the President-elect receives security briefings. 28. Clause 18 Provides for the requirement for public officers to provide required information. It requires the President-elect,in consultation with the Committee,to carry out such preparations as may be nccessary for the purpose of assuming office and the orderly transition of executive authority. It permits the President-elect, in carrying out such preparations to request in writing for information from a public officer as the President-elect may consider necessary. It further mandates a public officer from whom information is requested toprovide the information within a reasonable time. It makes non-compliance by a public officer an offence, with a penalty of a fine not exceeding one million shillings or imprisonmcnt for a term not exceeding two years, or to both,upon conviction. 29. Clause 19 provides for the swearing-in ceremony. It provides that 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.It requires the Committee to publish,by notice in the Gazette,the date and place for the conduct of the swearing in ceremony and designates the day on which the President-elect is sworn in shall be a public holiday. 4. 30.Clause 2o provides for the taking of oath and signing of Certificate of Inauguration. It requires that the President-elect during the swearing -in ceremony, to make and subscribe to the oath or affirmation of allegiance and the oath or affirmation for the execution of the functions of office inaccordancewithArticle141oftheConstitution.The oath or aflirmationis tobe administered to the President-elect by the Chief Rcgistrar before the Chief Justice or,in the absence of the Chief Justice, the Deputy Chief Justice, not earlier than 10:00 a.m. and not later than 2:0O p.m, provided that the Deputy Chief Justice shall undertake the task only in circumstances where the Chief Justice is incapacitated. Upon making and subscribing to the oath or affirmation the Bill provides that the President shall sign a Certificate of Inauguration in the presence of the Chief Justice or,in the absence of the Chief Justice,theDeputy Chief Justice. 5. 31.Clause 21provides forhanding overof instruments ofpower and authority.Itprovides that upon signing the certificate of inauguration, the outgoing President shall hand over to the Presidentinstruments ofpower and authority being a sword and the Constitution.This however does not apply where the outgoing President is not present during the inauguration; or the incumbent is the President-elect.It fiurther provides that the absence of the outgoing President at the inauguration shallnot invalidate the assumption of the office of President by the President-elect. 6. 32.Clause 22provides for the swearing-in of the Deputy President-elect.The Deputy Presidentclectshall make and subscribe to the oathor affirmation of allegiance tothe oath or affirmation of allegiance (sic) and the oath or affirmation for the execution of the functions of office in accordancewithArticle14SoftheConstitution.

• 33.Clause 23 sets out therole of public officers during the transition period.Itprohibits a Cabinet Secretary or Principal Secretary from making any commitment that is or is intended to be binding on the Government within ninety days before the date of a presidential election, unless the commitment is necessary during that period and has been duly budgeted for. It prohibits a Cabinet Secretary or Principal Secretary from making any fresh appointments of public officers, nominating persons for appointment as public officers; or traveling outside Kenya without the prior written approval of the Head of thePublicService, during the period commencing on the date of thefirstvotein a presidential election and endingwhen thePresident-elect assumes office.

34. It further prohibits an accounting officer from making any changes or transfer of staff or making or authorizing any payment above fifty million shillings without the prior written approval of the National Treasury during the period commencing on the date of the first vote in a presidential election and ending when the President-elect assumes office. During the same period,it also prohibits a public officer from entering into contracts on behalf of the Government, entering into any international obligations binding the Government or undertaking any act of commission or omission whose intention or effect would be to disrupt the orderlytransition of executive authority or otherwise aid inthedisruption of theformation of Government.It makes non-compliance with this clauseby a public officer with a penalty of a fine not exceeding ten million shillings or imprisonment for a term not exceeding ten years, or toboth upon conviction. 35. Clause 24 provides for handover reports. It requires ministries, state departments and agencies tosubmit hand over reports to theHead of thePublicService by thefifteenth day of July of the year of a presidential election. A handover report submitted shall outline the status of the matters listed below as at the end of the financial year preceding the date of the presidential election.The hand over report shall contain ministerial statements on—-

• (a)theMinistry's and theMinistry's State departments'mandate;
• (b) the Ministry's state corporations, semi-autonomous agencies and their mandates;
• a report on all international obligations and their status;
• (d)a complete list ofall bank accounts and reconciled balances;
• (e) legal and policy frameworks governing or being administered by the ministry and its statecorporations;
• ongoing programmes and projects, contemplated high priority programmes and projects, values and completion rates;
• (g) human resource matters including staff establishments, emoluments and achievements, training and development, performance appraisals and ongoing disciplinary matters;
• (h) planning g matters including performance contracts, work plans and accompanying performancestatusreports;
• (i) financial mattersincluding assets and contingent liabilities statement,statements of financial accounts and assets, pending bills, ongoing acquisitions, procurements and disposal of assets;

• (i) legal matters including ongoing court cases and alternative dispute resolution processes and related contingent liabilities; and
• (k)such other information as a Cabinet Secretary or head of a State department or agency may deem necessary tofacilitate the orderly transition of exccutive authority.
• 36.The Bill then requires that the Head of the Public Service deposit the hand over reports submitted at the'Transition Centre and theTransition Committee to facilitate thereview ofthe hand over reports bythePresident-elect and Deputy President-electduring the transition period.The format of the hand over report is prescribed in the Schedule.
• Principal Secretary or the Secretary to the Cabinetwhowasin office immediatelybefore the swearing-in of the President-elect may remain in office until his or her successor assumes oflice.
• 38.Clause 26 relates to accounting officersin the executive andprovides that any person designated as an accoumting officer within the Executive under section 67 of the Public Finance Management Act,shall continue to hold ofliceuntilanother accoumting officer is designated in his or her place.
• 39.Clause 27provides for security during the swearing-in ceremony.It requires theInspectorGeneral of theNational PoliceService to ensure theprovision of adequate security during the conduct of the swearing-in ceremony.
• 40.Clause 28provides for fumding of'the Committee.It mandates the Hlead ofthe Public Service to make provision for sufficient fumds for the purposes of the Committee, Transition Secretariat and Transition Centre in thebudget estimates of theExccutive Office of the President for the presidential election's financial year.

41. Clause 29 provides for the reports of the Committee. It requires the Committee to cause to be prepared and submitted to Parliament a report on the affairs of the Committee within ninety days after thedate of the assumptionofofficeby thePresident.The Contents ofthereport are

• (a)thefinancial statementsofthe Committee;
• (b)a description of the activities of the Committee;
• (c)such other statistical information as the Committee considers appropriate toits mandate; and
• (d)any other information relating toits functions that the Committeeconsidersnecessary.

42. The Bill further requires the Committce to cause the report to be published in the Gazette and in such other manner as the Committeemay determine. 43. Clause 30 provides for confidentiality.It requires each member of the Committee and the staff assignedtotheCommitteeandSecretariattomaintaintheconfidentialityofinformationand documentsrelating to theworkof theCommittee,subjectto thelawrelating toaccess to information or anyorder ofacourtofcompetent jurisdiction.

• 44.Clause 31 providesfor Generalpenalty for an offenceunder theAct whosepenalty isnot expressly provided for.It sets the penalty upon conviction as a fine not exceeding ten million shillings orimprisonmentfor a termnot exceedingsevenyears orboth.

45. Clause 32 provides for the repeal of the Assumption of Office of President Act (Cap. 6C)

• 46.TheScheduleprovidesfor theformat of thehandover reportunder Clause 24(5).

2.2ComparativeAnalysisof theBill andtheCurrentAct

47. The Assumption of the Office of the President is currently governed by Article 141 of the Constitution and the Assumption of Office of the President Act(Cap.6C).While the Bill retains aspectsof theAct,it also introduces new aspects as analysed below: 2. 48.The short title of theBill includes both the assumption of the office of the President and transition of the executive authority.This is due to the expanded scope of the law to include transition in the entire executive. On interpretation of terms used, the Bill introduces new terms including"national security organs"and"secretariat"which are not defined in the current Act. 49. The Bill makes a new provision on the objects of the Act and introduces the aspect of transition of executive authority as well as requiring public officers to take appropriate lawful steps to facilitate orderly transition in executive authority.Whileit retains theguiding principles as Article10 and 141 of the Constitution,theBill introduces the aspect that the Committeeis to be guided by Article 134 on exercise of presidential powers during temporary incumbency. 50. On application of the Act, the Bill introduces a broader application to transition arrangements during the transition period. The Bill provides specifically for when transition takes place or is deemed tohave taken place.It expands from the current Act which onlyprovidesfor the assumption of Office of the President- elect and Deputy President-elect, to include the Attorney General, Cabinet secretaries, Principal secretaries and secretary to the Cabinet. The Bill also introduces the aspect of a transition period commencing ninety days before the first vote in a presidential election and ending ninety days after a President-elect assumes office or when the Committee presents its report to Parliament under Clause 29, whichever comes earlier. 51. The Bill proposes to change the name of the Committee from Assumption of the Office of President Committee to Assumption of the Office of President and Transition of Executive Authority Committee but maintains it as an ad-hoc committee. It proposes the membership of the Committee as twenty-five members consisting of sixteen public officers and nine persons nominated by the President-elect.This is an increase from the current Act in which the Committee has twenty-three members comprising of seventeen public officers and six persons nominated by the President-elect. The Bill introduces new members i.e.the Head of Public

Service and 3 additional persons nominated by the president-clect, but does away vith thc Principal Secrctary in the Ministry responsible for matters relating to the Cabinet Office and the person in charge of State I louse affairs.

52. The Bill also changes the chairmanship from the Secretary to the Cabinet to the Head of Public Service.It amends the leadership structure and introduces a co-chairman of the Committce from among the nine persons to be nonminated by the President -elect, and proposes the co-chairman as the spokesperson of the Committee. 53. While the Act automatically designates the Principal Secretary in the Ministry responsible for matters relating to the Cabinet Office as Secretary to the Committee,the Bill requires the President-elect to appoint a public officer (of at least the rank of Secretary in the Public Service) to serve as Secretary to the Committee.The Bill provides that cach member of the Committee nominated by thePresident-elect shall be bound by the provisionsof the Oflicial Secrets Act as if that memberwas a public officer andrequires theAttorneyGeneral togazette thepersons nominated by thePresident-elect. 3. 54.On thefunction of the Committee,theBill expands the mandate of the Committee to include thc facilitation of the transition of executive authority and the handing over process by an outgoing administrationtoanincoming administrationandoverseeingthesmoothtransitionofthe outgoing President and Deputy President into retirement. It however places the responsibility of convening of meetings on the co-chairpersons. Under the current Act, the six committee members nominated by thePresident elect may cause the chairperson to call for a mceting to consider important matters of an urgent nature regarding the assumption of oflice by the President-elect. 55. The Bill includes a new provision on the establishment of a transition secretariat. The members of the secretariat are to be appointed by the Head of Public Service on the date of the declaration of the results. The Secretariat shall consist of such number of public officers as determined by the Committee as may be necessary for the efficient discharge of the mandate of the Committee. The secretariat includes ten substantivemembers drawn from the Office of the Head of Public Service, Cabinet Office,a national government administrative officer, the office of the Attorney General, Kenya Defence Forces, National Police Service, National Intelligence Service and Treasury and permits the Committee to co-opt not more than six other public officers into the Secretariat in order to benefit from any special skills. It also provides for the term of office of the secretariatwhich is umtil the expiry of thetransitionperiod. 56. The Bill also has a new provision on establishment of a transition centre in the capital city to serve as a transition oflice for the President-clect and the Deputy president- elect and also to be a depository of any information and documents required during the transition period.

57. The Bill places the mandate of ensuring the security of the President-elect and DeputyPresident-elect on theInspector General oftheNational PoliceService.Thisis a departurefrom the current Act, which places the responsibility of ensuring the provision of security for the President and Deputy President-elect on the Committee. The Bill defines,"adequate security" assecurity atthesamestatus as theincumbentPresident andDeputyPresident. 2. 58.While,thecurrentAct mandates the Committee withensuring that thePresidentelectreceives security briefings from the respective national security organs,the Bill directly mandates the national security organs with ensuring that the president elect receives security briefing. 59. The Bill also seeks to introduce a new provision that states that the handing over instruments of power shall not apply where the outgoing president is not present during the inauguration and that the absence of the outgoing president at the inauguration will not invalidate the assumptionof officebythe electedpresident. 60. The Bill seeks to limit the commitments made by Cabinet Secretaries and principal secretaries during the 9o days before a presidential election only to necessary commitments that have been budgeted for.It prohibits certain actions by Cabinet secretaries, Principal secretaries, accounting officers and public officers during the period commencing on the date of the first vote in a presidential election and endingwhen thePresident-elect assumes office and makes not-complianceby aPublic officer anoffencewith apenalty of afinenotexceeding tenmillion shillings or to imprisonment for a term not exceeding ten years,or to both. 61. The Bill also makes a new provision on hand over time limit for Ministries, state departments and agencies. The hand over reports are to be submitted to the Head of Public Service by the 15thDay ofJuly ofa presidential election and shall contain ministerial statements on the status ofspecificmatters as atthe end of thefinancialyearpreceding the dateofthePresidential election.It introduces therequirementfor theHead ofthePublicService to depositthehand overreports attheTransitionCentre andfor theTransitionCommittee tofacilitate thereview ofthe hand over reports by thePresident-elect and DeputyPresident-elect during the transition period. It also prescribes the format of the hand over reporting the Schedule. 62. Another new provision is the retention of holders of the office of the Attorney General or any Cabinet Secretary or Principal Secretary or the Secretary to the Cabinet until their successor assumes office and provides for the retention of accounting officers appointed under the PFM Act until a new one is designated. 63. The Bill also introduces the aspect of funding of the Committee. It requires the Head of the Public Service to, make provision for sufficient funds for the purposes of the Committee, Transition Secretariat and Transition Centre in thebudget estimates of the Executive Office of the President for the presidential election's financial year. The Bill also proposes toincrease the period for handing over its report to Parliament by the committee from a month after swearing

in to ninety days after the date of assuming ofice by the president but maintains the contents of the report. The report is to be published in the Gazette.

• 64.The Bill replaces management of records with a general requirement for confidentiality of informationbymembers of the Committee,staff and secretariat of the Committee,subject to the lawrelating to access toinformation or order of the Court.It also seeks to introduce a general penalty of a fine not exceeding tenmillionshillings or imprisonment for a term not excceding sevenyears for aperson convicted of an offence umder the act.
• 65.The provisions of the Act retained in the Bill include the requirement that two-thirds of the members must be present for the Committee to transact business and that a vacancy in the membership of the Committee does not affect its decisions.The Bill also retains the provisions on powers of the Committee ad subcommittees of the Committee.On the procedures of the committee,the Bill retains the provision that the Committee may determine its own procedure. It retains the duty of public officers to provide requiredinformation within a reasonable time, where such information is requested by the President clect. It also retains the failure to provide such information an offence with a penalty of one million shillings or imprisonment for a term notexceedingtwoyearsorboth.

66. Lasts, the Bill retains the provisions of the Act relating to the swearing in ceremony and the taking of oath, signing of the certificate of inauguration, swearing in of the Deputy-Presidentelect and security during the swearing in ceremony.

PARTIII

• 3.OCONSIDERATIONOFTHEPROPOSEDASSUMPTIONOFTHEOFFICEOFTHE PRESIDENTANDTRANSITIONOFEXECUTIVEAUTHORITYBILL(NATIONAL ASSEMBLY BILL NO.1 OF 2025)

• 3.1 TheLegal Provision onPublicParticipation

• 67.Article 118(1) (b) of the Constitution of Kenya provides as follows--

"Parliament shall facilitate public participation and involvement in the legislative and other business ofParliament and its Committees."

68. Standing Order 127(3) provides that--

"The Departnental Committee to ehich a Bill is committed shall facilitate public participation on the Bill through an appropriate mechanism, including

• (a)invitingsubmissionofmemoranda;

• holding publichearings;

• consultingrelevant stakeholdersin a sector;and

• (d) consulting experts on technical subjects.

• 69.Standing Order127(3A) further provides that-

• "The Departmental Committee shall take into accout the vieres and recommendations of the public under paragraph (3) in its report to the House.

70. Pursuant to the aforementioned provisions of the Constitution and Standing Orders, on public participation, the Committee through local daily newspapers on 25th February, 2025 published an advertisement inviting the public to submit memoranda on the Bill. The advertisement is annexedto thisreport asAnnexure3.

• 71.Further,vide a letter dated 2oth March,2025,the Committee invited relevant stakeholders,to make submissions on the Bill. The meeting was held on 2sth March, 2025 in Pavillion Conference Room,Groundfloor,HiltonGardenInnHotel,Machakos.Stakeholdersubmissions are annexed asAnnexure4.

• 3.2SubmissionsontheBill

72. The Committee received submissions through oral presentations and written memoranda from the following:

• (a) The State Department for Parliamentary Affairs;

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• (b) State Department for Internal Security and National Administration,Ministry of Interior and NationalAdministration;
• (c)The Office of the Attorney General;
• (d)The Office of the DeputyPresident;
• (e)The Office of the Inspector- General of the National Police Service;
• (1)The Office of the Chief Registrar of the Judiciary; and
• (g)The Kenya LawReform Commission.

3.2.1. Submissions by the State Department for Parliamentary Affairs

73. The State Department for Parliamentary Affairs proposed that the House approves the Bill. 'They submitted that the Bill had been necessitated by inherent gaps in the current law, which impeded the ability to support orderly transition of executive authority. They submitted that beyond Article1-1 thereis ncedfor a lav thatexpressly providesfor additional aspects of the transition of executive authority. They noted that the Bill is a necessity as a key measure of maturity of apolitical system was seamless transition of power and that a smooth transfer of power only complements outcomes of a free and fair election. 2. 74.The State Department submitted that the Bill assimilates current assumption of the Assumption of the Oflice of President Act (Cap. 6) and includes other provisions that address identified gaps. They highlighted the key aspects of the Bill as- 3. (a)stiffer penaltiesfor acts and omissions designed to obstruct smooth transition of executiveauthorityandformationofGovernment; 4. (b)securityfor the president-elect and deputy President elect at the same status of the incumbentpresident and deputypresident 5. (c)exclusion of thehandover of instrumentsof power andauthority in the eventof nonattendance by outgoing president; 6. (d)continuityofofficeof thecabinetsecretaries andprincipalsecretariesupon assumption ofoflice of the president elect; 7. restructuringoftheAssumptionof theOfficeofthePresident Committeetoincrease the President-elects nominees from the currentsix tonine;and to introduce a co-chair of the Committee,the Co-chair being one of thePresident-elect's nominees. 8. (1)The provision of anAssumption of Office Secretariat.The Secretariat shall serve the Assumption of Office Committee and addresses administrative hiccups experienced when identifying persons to offer Secretariat services to the Assumption of Oflice Committec. 9. (g)Transition Centre to house the operations of theAssumption of Office Committee, and the President-elect pending assumption of office. This addresses the current lacuna where this office space depends on the administrative good will of the incumbent administration

• (h) Obligation on MDAs to prepare hand-over reports in readiness for the outcome of the general elections. This addresses the current situation where hand-over reports depend onthe administrativegoodwill oftheincumbent administration.
• (i)The restriction on the incumbent administration from making certain budgetary commitments, appointments to office and personnel reorganizations during the transition period.
• i) Definition ofa transition period as the period commencing Ninety(9o) days before the first vote in a presidential election and ending ninety (9o) days after the President-elect assumes office, with the expectation that a period of ninety (9o) days after a Presidential election is adequate to get Cabinet Secretaries, Principal Secretaries, the AG and the SecretarytotheCabinetto assume office.

3.2.2. Submission from the State Department for Internal Security and National Administration

• 75.TheMinistry of Interior and National Administration,represented by JacobNarengo,Secretary Internal Security, appeared before the Committee on 28th March, 2025.The Ministry supported the enactmentoftheBill.They submitted thattheBillifenacted intolawwill ensure that
• (a) there is orderly and dignified transfer of power from the outgoing President and incoming President-elect
• (b) there are clear procedures for transferring executive authority from the outgoing to theincoming administration
• (c)a Committee exists for the assumption ofthe office ofthePresident and the transition ofexecutive authority
• (d) the Committee has a secretariat
• (e) there is a Transition Centre to serve as the transition office of the President-elect and Deputy President-elect before the assumption of office. This toowas missing on theAct.
• the roles of public officers during the transition period are clearly defined and penal sanctions are provided for those who will fail to comply with the arrangements for the assumption of the office by thePresident-elect.
• (g) the Bill if enacted into law will provide a clear procedure and ceremony for the assumption of the office of thePresident by thePresident-elect.It will also ensure the orderly transition of executive authoritybefore and after apresidential election and hence they fully support it.

3.2.3.Submissions by the Office of the Attorney General

76. The Office of the Attorney General, represented by Ms. Mary Kitegi, appeared before the Committeeon28thMarch,2025and informedtheCommittee that theBilldoesnot raise constitutional or legal issues.

Committee observations

77.Thecommitteeobservedthat

• (i)Save for amendments intended to extend the applicationof the law to the assumption of office by the Attorney-General (Articlc 156), Cabinet Secrctaries (Article 152), Principal Secretaries (Article 155), and the Sccretary to the Cabinet (Article 154), the existing gAssumption of the Office of PresidentAct sufficiently providesfor the transfer of power, security arrangements for the President-elect, the functions of the Assumption of Office Committee, and the obligations of public officers.
• (ii) Targcted amendments to the existing Act would adequately address any identified gaps without necessitating enactment of a new legislation.
• (ii) The proposed period of ninety days before the first vote in a Presidential clection as proposed in the Bill is an invalid period to be considered a transition period because thereisaPresidentand governmentinplaceand continuestoexerciseits constitutional mandate subject toArticle134of the Constitution.

3.2.4. Submission by the Office of the Inspector General of National Policc

78. The Inspector General, Mr. Douglas Kanja, appeared before the Committee on 2sth March, 2025. The Office of the Inspector General proposed that Clause 4 on Guiding Principles be placedunderPart II of theBill that establishes the Committee for the reason that the Clause as currently placed, under Part I is misplaced. The office also proposed inclusion of the words ....ofthe Constitution'immediately after theword"Article1o"under this Clause soas to read as hereunder noting that the wordshavebcen omitted making the statement incomplete. 79. The Office of the Inspector General also proposed the deletion of the word "Co-chairperson" and replacement with"Chairperson" so as to retain one chairperson.'They noted that the word"cochairperson" as currently uscd connotes that the Iead of the Public Service will be sharing thc responsibility of leading the Committee together with otherpersons.Itwas their view that Committee should be headed by a sole Chairperson as expressed in the Assumption of the President Act (Cap. 6C) for proper co-ordination. They further proposed the inclusion in clauses 9(a)and 21(1)ofthe word"elect"which they submitted had been omitted.

Committeeobservations

80.'TheCommitteeobserved that

• (i) Guidingprinciplesfall within thepreliminaryprovisionsa law;
• (ii) The aspect of co-chairmanship was intended to strike a balance between the interest of the incumbent and the president-elect; and
• ili )The Committee facilitates the assumption to the Office of thePresident and Deputy Prcsident and the President-elect becomes president upon signing the

certificate of inauguration and the non-inclusion of the word "elect"is not an omission.

3.2.5.The Office of the DeputyPresident

81. The office of the Deputy President proposed amendment of clause 9(f) to include that in the transition process,the committee should organize for the necessaryfacilities and personnel for both the president-elect as well as the Deputy President- elect for the reason that that this will ensure smooth transition for both the President- elect as well as the Deputy President- elect. 82. They also proposed amendment of Clause 18(2) to state that the committee, in carrying out its function of preparing for the assumption of office of the executive authority, shall request in writingfor informationfrom a public officer as the committee may thinkfit as opposed tothe current proposal that seeks the request of the President-elect.They submitted that this will entrench institutionworking to the Committee and ensure civil servantspromote a seamless transitionofauthority 83. They also proposed amendment of clause 18(3) to provide that a 14-day period be inserted to give clarity to the period that a public officer should avail the information as requested under Section 18(2). They submitted that this would give clarity on the expected timelines for receipt of response while avoiding ambiguity.

Committeeobservations

• 84.TheCommitteeobservedthat-
• (i) Section 6 of the current Assumption of the Office of the President Act adequately provides for the functions of the Assumption of Office Committee, including and briefingsfor thePresident-elect.Anyadditional functionsfor the Committee may be addressed through amendmcnts to section 6 of the current Act.

3.2.6TheOfficeof the Chief Rcgistrar of theJudiciary

85. The Office of the Chief Registrar of the Judiciary proposed that clause 14 be amended to include an officer firom the Office of the Office Chief Registrar be included in the Transition Secretariat. Theynotedthatthiswasdue to thecentral role theJudiciaryin theAssumptionof Officeofthe President and DeputyPresident. 86. On Clause 23, Office ofthe Chief Registrar of the Judiciary proposed that Clause 23(2)(b) should not apply to the Judiciary and the Judicial Service Commission given the provisions of the Constitution on the independence of the Judiciary. They proposed the Judicial Service Commission; the leadership of the Judiciary and the Chief Registrar should retain the latitude tomake changes or transfer staff inlight of the constitutional mandate of the JSC.They submitted that theJSC is an apolitical institutionwhose functions should notbe disrupted during an election.They noted that the Judiciary has a central role in the electoral dispute

resolution which may require changes to staff, the entering of contracts and the making of payments necessary to cnsure that the Judiciary performs its Electoral Disputes Resolution mandate.

CommitteeObservations

87.'TheCommittce observed that

• (i) Limitations on expenditure for money already appropriated by Parliament through an appropriation Act may affect spending on critical functions such as security, healthcare and disaster management during the transition period.

3.2.7 Submissions by theKenyaLawReform Commission

• 88.The Kenya Law Reform Commission observed that the current Assumption of the Office of PresidentAct lackssome structural andprocedural clarification essential for ensuring a seamless transition. They noted key innovations in the Bill as the establishment ofinstitutional structure, comprehensivetransition firamevork,establishmentofatransition secretariatandcentre and penalties for non-compliance.

89. On Clause 2, the Commission proposed that the term "exccutive authority" be defined as "the porver conferreduponthePresident by theConstitution toexecute and enforcelares,directgovernment operations,and managetheaffairsoftheRepublic andincludes-

• (a)theimplementation uofnationalpoliciesandlegislationasprovidedunderArticle131and 132oftheConstitution;
• (b)the appointment and dismissal ofpublic officers in accordanuce vith Articles 152,154,155, and156theConstitution;
• therepresentation ofKenya iniuternationalrelations,including thenegoliation and ratificationoftreaties;
• (d)the oversight and command ofnational securily organs as provided under Article 131(2)(e) oftheConstitution;and
• (e)anyother finctionconferred upon thePresident by theConstitution andnational lares"

90. On Clause 6, the Commission proposed that the clause be harmonized with clause 7 to ensure a clear and constitutionally compliant transition process. They noted that clause 6 stipulates that transition of executive authority is deemed to have taken place when President,Deputy President have assumed office and after the appointment of Cabinet Secretaries, Secretary to the Cabinet,Principal Secretaries and theAttorney General,whichimplies that the transitionperiod remains ongoing until all the appointments are concluded. The Conmission noted that this createsapotential conflictwithclause7which definesthe transitionperiod as ending9o days after thePresident's inauguration.They noted that if appointments are delayed beyond the 90day window,the transition period would effectively extend past the statutory time limit leading to inconsistency and ambiguity.

• 91.On Clause 7,the Commission noted that it introduced a pre-election transition period,which effectivelyimposeslimitations on theincumbentPresident's authority during thepre-election

phase.TheCommission thereforeproposed that the transitionperiod commence after the declaration of theelectionresults tomaintain constitutionalintegrity and ensure a clear delineationofexecutiveauthority.

92. On Clause 8, the Commission proposed an amendment to align the nomination process of the CommitteeMemberswiththeformaldeclarationofthePresidentelectratherthanbefore election.They observed that timing ofthePresident-elect's nomination of nine members creates a functional gapin thepre-election transition phase until thePresident-elect isdeclared thereby creating adelayininitiatingthetransitionactivitiesthat couldleadtoinefficiencies in implementinglogistical operations. 93. They further proposed amendment of section 8(1o) to ensure that the Committee's tenure ends immediately after theswearingin ofthenewPresidentreflectingthe constitutionalrequirement that executive authority transfers instantly upon the swearing in ceremony. They noted that the transfer of executive authority is complete upon the swearing in of the new president and the Committee'scontinued existence after thePresident-electissworninisunnecessary 3. 94.On Clause 14, the Commission noted that it does not explicitly state the functions of the Transition secretariat and proposed that is essential to explicitly define the secretariat's role, emphasizing its administrative support to the Committee without overlapping duties. They further proposed that the that the Secretariat's term should logically conclude upon the swearingin ofthePresident-elect marking theofficial end of the transition.Theyfurther noted that the relationshipbetween the Transition Secretariat and the Assumptionof the Office Committee is not explicitly articulated. They therefore proposed clarifying whether the secretariat operates asa substructure oftheCommitteetoenhanceoperational clarity andensure thereisnofunctional duplication. 95. The Commission proposed the deletion of clause 15 on the transition centre whose functions they submitted appear to overlap with those already managed by the Transition Committee and Secretariatwhich could lead to administrative duplication.Theynotedfurther thanthecentre's role asa repositoryfordocuments requires clearer definition to avoid confusion and ensure effective coordination. They thus proposed that the functions of the centre should be integrated into the existing structures and operations tocease once thePresident is sworn in. 96. The Commission proposed the deletion of Clause 17 since Clause 9(d) provides for the security briefing of the President elect through the Committee.The Commission proposed that the Committee should remain the sole intermediary for securitybriefingssince allowing the President elect to directly receive briefings from the heads of security agencies could be seen as prematurely exercising executive authority over national security matters,which remains vestedinthesittingPresidentunderArticle142and131oftheConstitution. 6. 97.On Clause 18, the Commission proposed harmonization with Article 131,132, 141(2) and 142 ofthe Constitution to ensure that theinformation sharing occurs through theTransitionCentre

and the Committee instead of granting the President-elect direct authority over public oflicers, noting that under Article131 and 132ofthe Constitutionvests executive authorityin thesitting President until the swcaring in.Additionally,they submitted that the imposition of penalties creates ambiguity since the Bill does not specify the scope ofinformation that must be provided potentially leading to a c conflictwith existinglaws on official secrecy and national security.

98. The Commission proposed the harmonization of Clause 23 with Article 131, 132, 141(2) and 112 of the Constitution. They noted that Article 142(1) aflirms that the President's term continucs until the President -elect is sworn in and that imposing restrictions on public officers before election could prematurely limit the exercise of constitutional executive fumctions. They noted further that limiting the ability of Cabinet Secretaries and Principal Secretaries risks creating a governance vacuum particularly in case of urgent decisions.They noted that blanket restrictions umder clause 23(2)fails to account for emergencies,essential governmentoperationsor international obligations.The Commission thus proposed that the Bill make a distinction between routine government functions which must continue and actions that could compromise the transition process. 99. On Clause 24, the Commission proposed that it would be more practical for the handover reports tobe submitted directly tothe Committeerather than to a separate administrative entity,to avoid unnecessary bureaucratic layers. They noted fiurther that the Bill did not provide for enforcement mechanisms to ensure compliance by public officers where handover reports are incomplete or delayed aswell as providing fir clearer guidelines on the minimum content of the handover reports to standardize the process and prevent omissions. 100. On Clause 25, the Commission proposed that the Clause be redrafted to strengthen clarity and operational certainty and that the provision should state that offlicials "shall remain in office" until their successors assume office and provide clear guidance their scope of authority during the transition period to complywith the Constitution andmaintain eflective governance. 101. On clause 27, the Commission proposed that the provisions on security arrangements during swearing in ceremonywouldbebetter placedunder PartIVwhich deals with the swearing-in process. 5. 102.Generally,the Commission noted that the current Actprovidesanestablishedlegal foundation for the transfer of executive authority and that there is no compelling justification for the repeal ofthe Assumptionofthe Office of President Act(Cap6C)

CommitteeObservations

103.TheCommitteeobserved that

• (i) The pre-election transition period effectively imposes limitations on the incumbent President's authority during the pre-clection phasc and is an invalid period to be

considered a transition period because there is a President and government in place; and

• (ii) The scope and application of the law on assumption of office after a general clection should be limited to the provisions of Article 141 of the Constitution.

4.OCOMMITTEEOBSERVATIONS

• 104.Upon consideration of the Bill, the Committee observed the following
• (a)The provisions of a law cnacted pursuant to a Constitutional provision should not excced the scope of the cnabling Constitutional provision.Article 141(4) of theConstitutionguides thescope of thelawon assumption of office to the President and does not extend to the Attorney General, Cabinet Secretarics, Principal Secretaries and the Secretary to the Cabinet as proposed in the Bill.
• (b) Thc Attorney General, Cabinet Sccretarics, Principal Secretaries and the Secretaryto the Cabinet are appointivepositionswhichcan onlybefilled after assumption of office of thePresident;
• (c) There exist procedures in the Constitution and statute for appointment, removal and replacement of Attorney General, Cabinet Secretaries,Principal Secretaricsand theSecretaryto theCabinet.
• (d) Limitations on cxpenditure during the Transition period, for money already appropriated by Parliament through an Appropriation Act may affect spending on critical functions such as security,healthcare and disaster managcment duringthe transitionperiod.
• (e) The Assumption of the Office of President Act (Cap. 6C) is an claborate and comprehensivelawthat adequatelyprovides for the assumption of the Office of President. Accordingly, a new legislation is unnccessary and amendments to the cxisting law ought to have been proposed to cure any gaps noted during implementationofthecurrentAct.

PARTIV

PARTV

5.0COMMITTEERECOMMENDATIONS

• 105.The Committee, having considered and taken into accountthe views and recommendations of the public including relevant stakeholders,recommends that the House REJECTS the Assumption of Office of the President and Transition of E.recutive AuthorityBill(NationalAssemblyBill No.1of2025).

108

SIGN...

DATE.

HON.GABRIELTONGOYO,CBS,MP CHAIRPERSON

DEPARTMENTALCOMMITTEEONADMINISTRATION&INTERNALSECURITY

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