Law silent on privileges of president-elect

By Moses Michira

Nairobi, Kenya: A gap in law has helped create confusion in the Executive, with winners and losers in the March 4 elections trading bitter accusations, providing fresh ammunition to their followers who are divided.

The Assumption of the Office of President Act, meant to provide Government procedures within a transition, is silent on the privileges of a president-elect, whose victory is contested in court.

Drafters of the law overlooked the possibility of a contested victory, as is the case now, limiting its scope to a clear win and the benefits to be enjoyed by the president-elect before formally assuming office.

Among the biggest concerns that have been voiced is the possibility of a president-elect, who would be privy to the country’s Intelligence reports, failing to win in case of a fresh election if the Supreme Court annuls the results of the earlier poll.

But what is the president-elect’s entitlement in the law?

The Assumption of Office of President Committee chaired by the Secretary to the Cabinet Francis Kimemia is required to among other roles ‘organise for the necessary facilities and personnel for thepresident-elect’.

Facilities alluded to in the Act include an office, office machines and equipment, a house and a vehicle.

The ad hoc committee consists of 20 top Government officials, including permanent secretaries, Chief of Kenya Defence Forces Julius Karangi, Inspector General of National Police Service David Kimaiyo and Gladys Shollei, the Registrar of Judiciary.

The committee’s other roles include co-ordinating briefings of the president-elect by relevant public officers and facilitating communication between the outgoing and the incoming presidents.