The Transition Committee will have a majority of President Uhuru Kenyatta's loyalists since they are the people required by the Constitution to sit on the committee.
On Wednesday, July 6, reports went around that Uhuru had appointed the Transition Committee, ruffling feathers within political circles.
Kenyans questioned why the names on the list were key supporters of President Kenyatta. However, Kenyans.co.ke would like to clarify that Uhuru has not named any new committee but rather the individuals who will possibly form the committee are guided by the law.
The Constitution already stipulates who gets to sit on the committee by virtue of the rank and position they hold either in Cabinet, military or the National Assembly.
Article 141 of the Constitution provides the procedure and ceremony for the assumption of the Office of President by the President-elect.
The law indicates that there will be the establishment of the Assumption of the Office of President Committee which will be an ad hoc committee.
It will consist of: the Secretary to the Cabinet who shall be the chairperson, the Attorney-General, the Cabinet Secretary of the Ministry of the registration of persons and immigration, the Principal Secretary in the Ministry of internal security, the Principal Secretary in the Ministry of Finance and the Principal Secretary in the Ministry of foreign affairs.
Others are the Principal Secretary in the Ministry of information and communication, the Principal Secretary in the Ministry of culture and social services, the Chief of the Kenya Defence Forces, the Director-General of the National Intelligence Service, the Inspector-General of the National Police Service, the person in charge of the administration of the affairs of the State House, the Clerk of the National Assembly, the Chief Registrar of the Judiciary.
There will also be three persons nominated by the President-elect. The Clerk of the Senate and the Secretary to the Intergovernmental Relations Secretariat, are appointed under the law relating to intergovernmental relations.
Notably, the Constitution states that a vacancy in the membership of the Committee shall not affect the decisions of the Committee.
The Transition Committee will likely consist of Head of Public Service Joseph Kinyua, CS Fred Matiangi, PS Karanja Kibicho, Inspector General of Police Hilary Mutyambai, Gen. Kibochi, NIS Director General and Major General (Rtd) Philip Wachira Kameru.
Others will include; Chief Registrar of the Judiciary Anne Atieno Amadi, State House Comptroller, Kinuthia Mbugua, Attorney General Paul Kihara Kariuki, Communications and Technology Principal Secretary (PS), Jerome Ochieng, National Treasury Julius Muia, Principal Secretary in the Ministry of Foreign Affairs Macharia Kamau, Devolution PS Julius Korir, Sports PS Joe Okudo, and the Solicitor General Ken Ogeto.
Garissa Township Member of Parliament and former Majority leader in the National Assembly Aden Duale had claimed that the President violated Article 154 of the constitution by delegating duties of the Secretary to the Cabinet to Dr Joseph Kinyua.
"On Friday, I received a letter from the Head of Public Service purporting that he is acting as the Secretary to the Cabinet. I want to tell Kinyua that you have no constitutional mandate to act in that capacity," he stated.
