Revealed: Steps that will lead to Kenya's new laws

Nairobi Provincial Administration official Jack Kulundu holds two Kenyan emblems at Uhuru Park on August 25, 2010 ready to be fixed at the VIP dias, in preparation for the Promulgation ceremony on Friday. Photo/TOM MARUKO

By OLIVER MATHENGE omathenge@ke.nationmedia.com AND DAVE OPIYO dopiyo@ke.nationmedia.com
Posted Wednesday, August 25 2010 at 22:39

President Kibaki and Prime Minister Raila Odinga will on Friday lead five top public officials in taking fresh oaths of office and swearing allegiance to the new constitution.

Other key officials taking fresh oaths at Uhuru Park with promulgation of the new constitution will be Vice President Kalonzo Musyoka, Speaker of the National Assembly Kenneth Marende and Chief Justice Evan Gicheru.

Gicheru first to swear

President Kibaki will take a new oath of office after signing the new constitution into law at a public ceremony in front of hundreds of thousands of spectators and local and foreign dignitaries. However, the first State Officer to be sworn afresh into office under the new constitution will be Chief Justice Evan Gicheru, who will then swear in the President.

The President will then witness the swearing in of the Prime Minister, the Vice President and the Speaker. Details of the historic event that kicks off at 8am were revealed by Head of Public Service and Secretary to the Cabinet Francis Muthaura on Wednesday.

Eight Heads of State had confirmed attendance although the government only revealed the identities of five. The five are Presidents Jakaya Kikwete (Tanzania), Paul Kagame (Rwanda), Sheikh Shariff Sheikh Ahmed (Somali), Ahmed Abdalla Sambi (Comoros) and Salva Kiir Mayardit (South Sudan).

Also to attend are members of the Panel of Eminent Personalities led by former UN Secretary-General Kofi Annan, who mediated the National Peace Accord after the 2008 post election violence. Other members of the Panel expected are former Tanzania President Benjamin Mkapa and former South Africa First Lady Graca Machel.

“There will also be high level representation from the region and attendance by other dignitaries,” Mr Muthaura said. Key dignitaries expected include retired President Moi and veterans of the pre-independence Lancaster House constitutional talks and Mau Mau liberation war heroes.

The Daily Nation also learnt that former Ghana president John Kufuor was expected to arrive in the country on Thursday morning. It was Mr Kufuor who, as chairman of the African Union, invited Mr Annan to mediate the post-election conflict. Members of the public and other guests at the Uhuru Park ceremony should be seated by 8am.

The president is scheduled to arrive shortly after 9am where he will inspect a military Guard of Honour. The event will be celebrated with entertainment by various groups and a march-past by detachments of the uniformed services, climaxing in the signing into law of the new constitution by the president.

Attorney General Amos Wako will hand the president the Instruments of Promulgation, a statement confirming the enactment of the new constitution. The head of state will then read, sign and affix a Seal on the Instruments of Promulgation. This will be followed by the singing of all three stanzas of the national anthem.

There will be a 21-gun salute to be fired by a military canon as a giant national flag is hoisted on Uhuru Park Hill. Mr Muthaura said the flag will remain a permanent fixture at Uhuru Park as a reminder of the historic day. After this ceremony, the listed government officials will take their oath of office and allegiance to the new constitution.

They will swear to obey, respect, preserve, defend and uphold the new Constitution and all other laws of the country and to truly serve the people and the Republic of Kenya. Others to take the oath, though not all at Uhuru Park, will include Members of Parliament, judges and magistrates, the Attorney-General and the Director of Public Prosecutions.

So will Mr Muthaura, Permanent Secretaries, Chief of General Staff, Police Commissioner, Administration Police Commandant and any official serving in an office established and designated as a State Office. President Kibaki, Mr Odinga, Mr Musyoka and all ministers will each take two oaths. In one, they will pledge allegiance to the new constitution while in the other they will swear to be faithful to their office.

The swearing in of ministers, assistant ministers, PSs, judges and force and service commanders will take place later at State House on Friday afternoon. MPs led by the President Kibaki as the representative for Othaya constituency, will take their oaths on Saturday in Parliament while magistrates and members of various commissions will be sworn in at the High Court.

President Kibaki and First Lady Lucy Kibaki will host guests for a luncheon to mark the big day. After the swearing in, there will be a march past by the uniformed forces.