Kalonzo criticized the Assumption of Office of President and Transition of Executive Authority Bill, 2024, which was approved on Tuesday, arguing it contravenes the Constitution.
“It is impossible for the Cabinet to do something they themselves know is against the law,” Kalonzo said. “For instance, the president being sworn in after 24 hours when the Constitution states there must be a 14-day period in case of a petition to the Supreme Court. They want it done at night to avoid scrutiny.”
The bill seeks to streamline the transfer of executive power, proposing that the president-elect and deputy president-elect be accorded security arrangements similar to those of the sitting president and deputy president.
It also imposes harsh penalties for obstructing the transition process, with state and public officers risking up to 10 years in jail, a Ksh.10 million fine, or both.
Under the bill, the outgoing president’s absence at the swearing-in ceremony would no longer disrupt the handover of power. Instead, the process would proceed without affecting its validity.
Other measures include creating a transition centre and appointing an Assumption of Office Committee to oversee the handover process.
The legislation now heads to Parliament for debate and approval.
Speaking at the burial of Gertrude Muthoni Namu, the mother of journalist John Allan Namu, in Embu County, Kalonzo issued a stern warning to the government over the stalled formation of the Independent Electoral and Boundaries Commission (IEBC).
“We don’t have an electoral commission since Chebukati and his team left office,” Kalonzo said. “I am issuing a warning here in Embu: before March next year, there must be an IEBC in place. If not, I will personally lead mass protests to demand its formation.”
The IEBC has remained leaderless since January 2023, following the exit of Wafula Chebukati and two commissioners whose terms expired.
The delay in reconstituting the electoral body has sparked political tensions, with opposition leaders like Kalonzo viewing it as a deliberate effort to undermine election preparedness.