Wiper Leader Kalonzo Musyoka has launched a strong criticism against the Cabinet’s approval of the Assumption of Office of President and Transition of Executive Authority Bill, 2024. Kalonzo argues that the bill is a scheme by the government to rig the 2027 General Election, expressing concern over what he describes as a clear violation of the constitution.
The controversial bill, approved by President William Ruto’s Cabinet on Tuesday, aims to address gaps in the transition of executive power and the assumption of office by a new president-elect. Among its stipulations, the bill provides for immediate security arrangements for the president-elect and deputy president-elect, equivalent to those of the sitting President and his deputy. It also imposes stringent penalties up to Ksh.10 million, a 10-year prison sentence, or both on state and public officers who obstruct the transition process.
According to Kalonzo, the bill represents a deliberate attempt to undermine democratic processes in Kenya. He pointed to specific provisions of the bill that he finds problematic, particularly the stipulation that the president-elect and deputy president-elect must be sworn in within 24 hours after an election a period significantly shorter than the 14 days required under the current constitution in case of a petition to the Supreme Court. “It is impossible for the Cabinet to do something they themselves know is against the law,” Kalonzo said, criticizing the move as a method to conduct the swearing-in at night when the public and media are not watching. “They do not want what you are doing here with your networks and phones,” he added, alluding to the growing role of digital platforms in monitoring and reporting on political activities in the country.
Kalonzo’s criticism comes amidst broader concerns over the integrity of electoral processes in Kenya, particularly with the absence of an operational Independent Electoral and Boundaries Commission (IEBC). The former vice president called for the immediate formation of the IEBC, warning that mass protests would follow if the electoral body is not constituted by March next year. “We don’t have an electoral commission since Chebukati and his team left office. Now, we are issuing a warning here in Embu that next year, before March, before March, before March if there is no IEBC, I, myself, will be at the forefront in saying that there must be an IEBC in this Kenya,” Kalonzo declared, addressing a gathering in Runyenjes, Embu County.
The new Transition Bill outlines the establishment of a transition centre and the appointment of members of the Assumption of Office Committee whose role will entail facilitating the handing over process by the outgoing president to the president-elect. The bill specifies that the transition of executive authority will be complete once the new president, Deputy President, Attorney General, Cabinet Secretaries, Permanent Secretaries, and the Secretary to the Cabinet have assumed office. In situations where the outgoing president cannot attend the swearing-in ceremony, the process of handing over instruments of power will be omitted without affecting the validity of the entire transition procedure.
The bill now heads to Parliament for consideration by both Houses, where it will be debated and scrutinized. Lawmakers from various parties have already expressed mixed reactions, with some supporting the need for a streamlined transition process to prevent any power vacuum, while others, like Kalonzo Musyoka, remain concerned about its implications for free and fair elections in Kenya.
Kalonzo’s opposition to the bill highlights the heightened tension surrounding electoral integrity in Kenya as the 2027 General Election approaches. His call for the swift establishment of the IEBC reflects broader concerns among Kenyans about the independence and impartiality of the electoral process. The politician’s threats of mass protests underscore the gravity of the situation, with many Kenyans watching closely to see how the government responds to these concerns.
As the debate over the new Transition Bill continues, it remains to be seen how President Ruto’s administration will address the issues raised by Kalonzo Musyoka and other critics. The emphasis on electoral integrity and the need for transparency in the transition of power is likely to be a key focus for both the government and opposition in the coming months. As Kenyans prepare for the next general election, the credibility of the electoral process will be under intense scrutiny, making the passage of a fair and balanced transition bill imperative for the stability and future of Kenya’s democracy.