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<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 20, 2025, 7:00 am</div><div id="pl-7609"  class="panel-layout" ><div id="pg-7609-0"  class="panel-grid panel-no-style" ><div id="pgc-7609-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7609-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">In a significant setback for President William Ruto’s administration, the National Assembly’s Committee on Justice and Legal Affairs has rejected the Assumption of the Office of President and Transition of Executive Authority Bill, 2025, a piece of legislation designed to streamline the transfer of power during presidential transitions in Kenya. The decision, announced on August 20, 2025, has sparked debate about the future of governance reforms and the balance of executive power in the country.</p>
<p dir="ltr">The proposed bill aimed to establish a clear legal framework for the assumption of the presidency and the transition of executive authority, addressing gaps in the current system that have led to disputes and inefficiencies during past transitions. It outlined procedures for the incoming president to assume office, including the swearing-in process, the transfer of official responsibilities, and the handling of state resources during the transition period. The legislation also sought to formalize the role of the outgoing administration in ensuring a smooth handover, with provisions for the creation of a transition committee to oversee the process.</p>
<p dir="ltr">President Ruto, who has championed governance reforms since taking office in September 2022, strongly supported the bill, arguing it would enhance transparency, accountability, and stability during critical periods of leadership change. The bill was seen as part of his broader agenda to strengthen institutional frameworks, reduce political tensions, and prevent disruptions that have historically accompanied presidential transitions in Kenya.</p>
<p dir="ltr">The Justice and Legal Affairs Committee, chaired by Murang’a County MP George Murugara, cited several concerns in its decision to reject the bill. Primarily, the committee argued that the proposed legislation risked granting excessive powers to the incoming president before the official assumption of office, potentially undermining the authority of the sitting president during the transition period. Members expressed worries that such provisions could create a "parallel power center," leading to confusion and potential abuse of authority.</p>
<p dir="ltr">Additionally, the committee raised issues about the bill’s alignment with the Constitution of Kenya, particularly Article 131, which governs the exercise of presidential powers. Critics within the committee contended that the bill’s provisions could infringe on constitutional safeguards, creating ambiguity about the roles and responsibilities of key institutions during a transition. Some members also pointed to overlapping mandates with existing laws, such as the Public Officer Ethics Act and the Leadership and Integrity Act, arguing that the bill introduced unnecessary redundancy.</p>
<p dir="ltr">The committee’s report emphasized the need for further consultations with stakeholders, including the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC), and civil society groups, to ensure that any future legislation on presidential transitions is comprehensive and constitutionally sound. The rejection was also influenced by concerns about the timing of the bill, with some MPs questioning the urgency of its passage ahead of the 2027 General Election.</p>
<p dir="ltr">The rejection of the bill comes amid heightened political tensions in Kenya, as President Ruto faces growing opposition from both within and outside his United Democratic Alliance (UDA) party. Critics, including opposition leaders and some members of the ruling coalition, have accused the Ruto administration of pushing legislation that consolidates executive power, a charge the government has consistently denied. The bill’s failure to pass has been seen by some as a rebuke to Ruto’s leadership style, with opponents arguing that it reflects resistance to perceived attempts to centralize authority.</p>
<p dir="ltr">Former Deputy President Rigathi Gachagua, who was impeached in 2024 and has since emerged as a vocal critic of Ruto, hailed the committee’s decision as a victory for checks and balances. Gachagua, who is reportedly planning to challenge Ruto in the 2027 polls through his newly formed Democracy for Citizens Party, claimed that the bill was an attempt to entrench presidential control over state institutions. He urged parliamentarians to prioritize legislation that empowers grassroots communities and strengthens devolution, a key pillar of Kenya’s 2010 Constitution.</p>
<p dir="ltr">On the other hand, supporters of the bill, including Majority Leader Kimani Ichung’wah, expressed disappointment at the committee’s decision, arguing that it undermines efforts to modernize Kenya’s governance structures. Ichung’wah emphasized that the bill was intended to prevent the chaos and uncertainty that have marked past transitions, such as the contentious handovers in 2002 and 2013. He vowed to push for amendments to address the committee’s concerns and reintroduce the bill for consideration.</p>
<p dir="ltr">Civil society organizations have also weighed in on the debate. The Kenya Human Rights Commission (KHRC) called for greater public participation in the legislative process, arguing that the bill’s rejection highlights the need for inclusive dialogue on matters of national importance. Meanwhile, legal experts have suggested that the government could explore alternative approaches, such as amending existing laws or issuing executive guidelines, to address gaps in the transition process without requiring new legislation.</p>
<p dir="ltr">The rejection of the bill raises questions about how Kenya will manage future presidential transitions, particularly as the country approaches the 2027 General Election. Without a clear legal framework, analysts warn that transitions could remain vulnerable to political manipulation, legal disputes, and logistical challenges. Past transitions have been marred by controversies over access to state resources, security arrangements, and the transfer of official documents, issues the bill sought to address.</p>
<p dir="ltr">The decision also underscores the delicate balance between executive authority and parliamentary oversight in Kenya’s democratic system. While Ruto’s administration has made strides in passing other governance-related legislation, such as the County Allocation of Revenue Bill, 2025, and the Conflict of Interest Bill, 2025, the rejection of the presidential transition bill highlights the challenges of navigating a politically polarized parliament.</p>
<p dir="ltr">The Justice and Legal Affairs Committee has recommended that the government undertake broader consultations before reintroducing the bill. This process could involve engaging with county governments, political parties, and the judiciary to ensure that any future legislation addresses the concerns raised by MPs. In the meantime, the Ruto administration may face pressure to demonstrate its commitment to governance reforms through other means, such as strengthening anti-corruption measures and enhancing devolution.</p>
<p dir="ltr">As Kenya continues to grapple with economic challenges, including high taxation and public discontent over government spending, the rejection of the bill could further complicate Ruto’s efforts to consolidate support ahead of the 2027 election. For now, the debate over the presidential transition framework remains unresolved, with significant implications for the country’s political stability and democratic progress.</p>
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