Cabinet Passes Controversial Bill Amid Concerns of Kenya’s Election Manipulation.
In a move that has sparked public outrage, President William Ruto’s cabinet has unanimously approved the Assumption of Office of President and Transition of Executive Authority Bill 2024.
This proposed law introduces heavy penalties, including a fine of KSh 10 million, a 10-year prison term, or both, for state officers who obstruct the transition of executive power.
The bill aims to address gaps in the transition process for a president-elect, including providing security arrangements equivalent to those of a sitting president and deputy president.
According to the bill, if an outgoing president is unable to attend the swearing-in ceremony, the handover of instruments of power will be bypassed without impacting the legality of the transition.
Additionally, cabinet secretaries and principal secretaries will remain in office until their replacements are appointed by the incoming administration. However, critics argue that the bill poses significant risks to democratic processes and opens doors for electoral fraud.
Allegations of Blackmail and Intimidation
Analysts and critics have described the bill as a tool for silencing dissent and intimidating election officials.
Observers claim it aims to prevent Independent Electoral and Boundaries Commission (IEBC) officials from exposing irregularities. Critics have pointed out that the harsh penalties would discourage commissioners from challenging election results, regardless of their validity.
Concerns are further fueled by the aftermath of the 2022 elections, where IEBC commissioners like Juliana Cherera and Irene Masit questioned the election’s credibility.
Observers believe that the proposed bill is designed to prevent a repeat of such challenges, forcing commissioners to remain silent even if they encounter irregularities.
The fear of severe financial penalties or lengthy prison terms is expected to deter whistleblowing, effectively safeguarding election outcomes from scrutiny.
Enhanced Privileges for President-Elect
The bill also grants the president-elect and deputy president-elect full security privileges and presidential convoys immediately after being declared winners.
Critics argue that this move is akin to a premature swearing-in, as it grants the president-elect the full trappings of power even before petitions challenging election results are resolved.
This provision could demoralize opposition candidates and intimidate judges handling electoral disputes, raising concerns about fairness and transparency in the election process.
Speculations About 2032
Political analysts have speculated that the bill is a strategic move by President Ruto to secure a smooth transition for his preferred successor. Concerns have been raised that the law may be used to orchestrate a predetermined succession plan, bypassing democratic principles.
Critics suggest that the move to equalize the deputy president’s security arrangements with those of the president signals plans to elevate a new political figure from the cabinet, rather than allowing the current deputy president to succeed Ruto in 2032.
Public Reaction
The bill has ignited widespread criticism, with Kenyans voicing their concerns on social media platforms. Many see the move as an attempt to legalize election manipulation and undermine the democratic process. Prominent voices have described the bill as a dangerous step toward authoritarianism, while others have called for its immediate nullification in court.
G. Mangi criticized the bill as misplaced priority, questioning why the cabinet focused on such a divisive issue. Solomon Gatua accused the government of creating loopholes for electoral fraud, while Steven Odima claimed the bill is a contingency plan to bypass public will in case of an election loss in 2027.
Other critics, such as D.P., went further, accusing the administration of plotting to rig the next elections under the guise of transition laws.
Calls for Judicial Intervention
With mounting opposition, legal experts and activists are urging the judiciary to intervene and nullify the bill. Critics argue that it violates principles of fairness and undermines public trust in electoral processes. They warn that, if left unchallenged, the bill could erode democratic gains and pave the way for a contested future in Kenya’s political landscape.
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As the debate over the bill intensifies, questions remain about its true intent and the implications it may have on Kenya’s democratic future. Whether it survives legal challenges or is declared unconstitutional, the Assumption of Office of President and Transition of Executive Authority Bill 2024 has already cast a shadow over the country’s political climate.
Cabinet Passes Controversial Bill Amid Concerns of Kenya’s Election Manipulation
