Kimemia issues new power transfer plan

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Public Service head Francis Kimemia addresses a past press conference in Nairobi on February 15, 2013. Photo/ANTHONY OMUYA  NATION MEDIA GROUP

By EDITH FORTUNATE efortunate@ke.nationmedia.com
Posted  Thursday, March 14  2013 at  22:30

IN SUMMARY

What law says on transition:

• If the President-elect dies before assuming office, the Deputy President-elect will be sworn in as President.
• If the President-elect and his deputy die, then the Speaker will be sworn in and a fresh election held within 60 days.

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A final transition schedule giving an alternative swearing-in date in the event the planned election petition by the Cord Coalition is found competent has been set.

The schedule to be released on Friday has lined up all possible scenarios in case of any eventuality.

According to the Committee on Assumption to the Office of the President chaired by Public Service boss Francis Kimemia, swearing-in will be done on April 16 should the petition be dismissed by the Supreme Court.

Speaking to the Nation, Mr Kimemia said the committee was prepared for all the legal scenarios.

“The transparency in which power will be transferred has enabled my committee to come up with proper timelines, the swearing-in can even been held on June 18,” he said.

He went on: “There will be no quick swearing-in until the election procedure has been followed duly.”

The final schedule still has March 26 as the earliest swearing-in day — the first Tuesday after 14 days when the Independent Electoral and Boundaries Commission declared Mr Uhuru Kenyatta President-elect.

The new schedule states that if a second round of voting takes place, the President-elect will take the oath of office on April 30.

If a petition is not filed within seven days after declaration of the results, Mr Kenyatta will be sworn in on March 26.

Article 140(3) of the Constitution states that where the petition filed at the Supreme Court is successful and it declares the election of the President-elect to be invalid, a fresh election shall be held within 60 days after the determination.

“The Cabinet will run government business until a new President is in place. There will be no power vacuum, we have put all the necessary measures in place. The new president can only assume his functions once he is sworn in,” said Mr Kimemia.

He added: “Presidential elections will not stop the running of Parliament and Senate.”