The Public Service Governance (PSG) has proposed the establishment of a strictly transitional and time-bound caretaker administration to safeguard constitutional order, maintain essential government services and facilitate a credible electoral transition.
The organization’s CEO Amb. Esther Waringa said recent developments surrounding the constitutional status and tenure of elected leaders had placed Kenya at a critical juncture requiring adherence to the Constitution and the rule of law.
She said the Constitution of Kenya, 2010, was the supreme law and that any uncertainty regarding the exercise or transition of executive authority should be addressed through constitutional institutions and lawful processes.
“The Constitution of Kenya, 2010 is the supreme law. Every institution, every leader and every citizen is bound by the Constitution,” Waringa said.
She cited a recent court ruling on the tenure of elected leaders, arguing that it had raised questions over the continuity of government and created the need for a transitional framework.
Waringa proposed that the caretaker administration be strictly transitional and time-bound, non-partisan and inclusive, constitutionally and legally grounded, focused on continuity of essential public services, committed to national security and stability, and subject to institutional oversight.
She said the administration should not be used to advance political interests but should prepare the country for a properly organised and credible election.
“A transitional administration shall not become a vehicle for political advantage. It shall have a clearly defined mandate, a limited lifespan and an overriding objective to safeguard the Republic and facilitate the restoration of a fully legitimate governance order,” she said.
Waringa also offered herself to serve as a unifying and transitional leader, saying she was willing to safeguard constitutional order and ensure continuity of government until a duly elected President assumes office.
“I hereby offer myself to the people of Kenya as a unifying and transitional leader committed to safeguarding the constitutional order, national stability and continuity of government of the Republic of Kenya in the spirit of national service, humility and patriotism,” she said.
She said her offer was not driven by personal ambition but by a willingness to serve the country during what she described as a defining moment.
“My commitment shall be clear: Kenya first, Constitution of Kenya first, the people first, good governance first and selfless service to the people of Kenya first,” Waringa said.
She proposed that the caretaker administration comprise competent and experienced persons of unquestionable integrity drawn from across the country.
Waringa said it should work with the Independent Electoral and Boundaries Commission (IEBC) and other constitutional institutions to establish a clear transition and electoral roadmap, including milestones leading to the restoration of a fully elected government.
She called on the Judiciary, Parliament, IEBC and the Executive to exercise their respective constitutional mandates independently and professionally.
Waringa particularly urged the IEBC to clarify the electoral pathway, saying the country needed a credible process capable of commanding confidence across the political divide.
“The electoral process must be capable of commanding confidence across the political divide,” she said.
She criticised the Attorney General and IEBC over what she termed failure to anticipate the constitutional questions surrounding the expiry of elected leaders’ terms.
“The Attorney General of the Republic of Kenya failed His Excellency the President because while she was in office, she should have advised the President that we were coming to a constitutional crisis,” she said.
Waringa, however, commended the Judiciary for interpreting the Constitution and urged constitutional institutions to act within their mandates.
She said she would engage the Chief Justice, Speakers of the National Assembly and Senate, IEBC and other relevant institutions on her proposed framework for preserving constitutional order, continuity of government and a credible electoral process.
She also appealed to political, religious, civil society, business, youth and women leaders to put national interests above partisan considerations.
“Kenya is greater than any politician, Kenya is greater than any political party, Kenya is greater than any individual,” she said.
Waringa urged Kenyans to remain peaceful as the constitutional questions are addressed, saying the country must pursue a stable and orderly transition.
“Kenya must not be allowed to drift into uncertainty. We must act with courage, wisdom and restraint,” she said.
By Nancy Omondi and Phaeline Motari
