The Judiciary is preparing to swear in the 45 elected governors Thursday in line with provisions of the Assumption of the Office of Governor Act, 2012.
The Act requires that governors-elect be sworn in on the first Thursday after the tenth day following the declaration of the final results by the Independent Electoral and Boundaries Commission (IEBC).
That is, the first Thursday after 10 days since the IEBC declared the governor as having won the election.
The law states that the swearing-in of the governor-elect shall occur in a public ceremony before a High Court judge. The Judiciary has appointed 47 judges to preside over the swearing-in of the newly elected county chiefs.
The IEBC postponed gubernatorial elections for Kakamega and Bungoma counties. The oath or affirmation by the governors will take place not earlier than 10.00 am and not later than 2.00 pm.
The Assumption of the Office of Governor Act 2019, provides for the formation of a special transition committee to spearhead the process of handing over power in the counties.
The Act establishes an Assumption of the Office of Governor Committee that comprises 13 members in each of the 47 counties. Members of the committee include the respective County Commissioner, a representative of the National Police Service, a National Intelligence Service representative, and the County Secretary.
The Assumption of the Office of County Governor Committee is required to publish, by notice in the Kenya Gazette and the County Gazette, the date, time and place for the conduct of the swearing-in ceremony.
The Act require the Assumption of the Office of Governor Committee, in consultation with the Governor-elect, to carry out the necessary preparations for the purpose of the assumption of office by the governor-elect.
The law allows the governor-elect to request, in writing, for any information they deem necessary from a county public officer.
The Act compels a county public officer to provide the information requested by the governor-elect within a reasonable time.
Officials who fails to comply with the governor-elect request commits an offence and are liable, on conviction, to a fine not exceeding Sh300,000 or to imprisonment for a term not exceeding one year, or to both.
During the swearing-in ceremony, the governor-elect and his or her deputy will take and subscribe to the oath or affirmation of office as prescribed in the First Schedule section of the Assumption of the Office of Governor Act 2019.
Upon taking or subscribing to the oath or affirmation, the governor shall sign a certificate of the inauguration in the presence of the High Court Judge who conducts the swearing-in ceremony.
Most Assumption of the Office of County Governor Committees have issued gazette notices appointing Thursday, August 25 as the date for swearing-in of governors.
“We wish to notify the general public that pursuant to the Assumption of Office of Governor Act, 2019, the inauguration and swearing-in ceremony of the Kericho County Governor-elect Eric Mutai Kipkoech and Deputy Governor Kirui Fredrick Kipngetich, shall be held on Thursday, 25th August 2022 at the Kericho Green Stadium starting at 9 am,” Joel Bett, the county secretary and chairperson of the committee said in a notice.