The government has proposed a 90-day moratorium on payments, hiring of staff and contractual commitments ahead of voting.
To curb misuse of public funds during the transition period, President, William Ruto’s administration seeks to stop payments of more than Sh50 million.
This is part of new laws that spell tough times for top government bureaucrats during the transition from one government to another.
The Assumption of the Office of President and Transition of Executive Authority Bill, 2025, has been formally introduced in Parliament.
If enacted, state officers would be barred from entering into commitments with suppliers and contractors 90 days to the presidential election.
“No Cabinet Secretary or Principal Secretary shall make any commitment that is or is intended to be binding on the government,” the proposed law reads.
Accounting officers would also be prohibited from making or authorising payments above Sh50 million without Treasury approval.
During the transition, public officers would also be barred from entering into contracts on behalf of the government.
International obligations binding the government would also be prohibited, with those in breach poised for hefty fines of up to Sh10 million.
The government-backed legislation sponsored by Majority leader Kimani Ichung’wah only allows “necessary commitments”, with ready budgets.
Parliament is yet to approve payments running into billions that were committed by President Uhuru Kenyatta’s administration in its sunset days.
A Sh6 billion payment made to a firm, which had acquired a 60 per cent stake in Telkom Kenya and sold it back during the transition period, is yet to be approved.
Auditor General Nancy Gathungu has flagged the payment in the audit of government books for the period to June 30, 2023.
This was after MPs declined to approve the expenditure.
“In the circumstances, the propriety of the expenditure amounting Sh6.1 billion couldn’t be confirmed,” Gathungu said.
MPs also declined approval of aSh4 billion budget for paying millers that the government worked with in the unga subsidy programme.
In further measures, CSs and PSs would also not be allowed to make fresh appointments of public officers during the electioneering period.
Cabinet members and PSs would also be barred from travelling outside Kenya without express and prior written approval of the Head of Public Service.
A Cabinet Dispatch on the proposed law said it “aims to seal gaps and ensure smoother and more unified presidential transitions in Kenya”.
In the new rules, ministries, departments and agencies will be required to issue handover reports by July 15 of the election year.
MDAs would be required to disclose bank accounts and their reconciled balances, policies, ongoing programmes and projects, and human resource matters.
The staff data is to include their establishment, pay, achievements, training, performance appraisal and ongoing disciplinary matters.
Also to be stated would be assets, pending bills, ongoing acquisitions, procurements and disposal of assets.
Ongoing court cases and related liabilities are also to be disclosed, so are planning matters including performance contracts and work plans.
Allegations of sabotage rocked Ruto’s
takeover from his predecessor former President Kenyatta in 2022.
