Oath or Solemn Affirmation: The different modes of swearing-in MPs

If you paid close attention, you might have noticed a couple of variations in how the members of the two Houses of Parliament were being sworn in Thursday.

Some members did not utter the words “swear in the name of the Almighty God” and/or “So help me God.”

While some were honest mistakes; where some members just did not see the last line of the oath, a few intentionally skipped the words “swear in the name of the Almighty God” and/or “So help me God.”

The basic definition of an oath of office is “a promise made by an individual that they will uphold and fulfill certain requirements and obligations of a position that they were either elected or appointed to,” this can be in government or organizations, as and when required.

Under the ‘Third Schedule: National Oaths and Affirmation’, the Constitution of Kenya 2010 provides two ways through which one is sworn in. In this case, for Members of Parliament, it’s either through swearing the oath or a solemn affirmation.

If one choses to be sworn in by swearing the oath, he/she will read it word for word as follows:

“I, (Name of the oath taker), having been elected a member of the Senate/National Assembly do swear in the name of the Almighty God that I will bear true faith and allegiance to the People and the Republic of Kenya; that I will obey, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I will faithfully and conscientiously discharge the duties of a member of Parliament. So help me God.”

In the case that the oath taker is a non-believer or does not want to swear using a religious book, he/she will then choose to replace the words “swear in the name of the Almighty God” with “solemnly affirm” and skip the last sentence “So help me God.”

“I, (Name of the oath taker), having been elected a member of the Senate/National Assembly do solemnly affirm that I will bear true faith and allegiance to the People and the Republic of Kenya; that I will obey, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I will faithfully and conscientiously discharge the duties of a member of Parliament.”

During Thursday’s inaugural sittings of the two Houses, where administration swearing in was the main agenda, and thereafter election of Speakers and their deputies, some rather unusual forms of oath taking were noticeable.

For instance, UDA Secretary General and newly nominated Senator Veronica Maina, while taking her oath of office, did not lift the Bible/Quran but instead held up her right hand, palm facing forward and read the solemn affirmation.

Suba North MP Millie Odhiambo also held up her right hand, palm facing forward, and proceeded to read the affirmation, replacing the words “swear in the name of the Almighty God” with“solemnly affirm” and omitting the sentence “So help me God” at the end.

Advocate Titus Makhanu notes that both methods are acceptable and valid adding that there are no legal repercussions.

Similarly, the Chief Justice, Judges of the Supreme Court, Court of Appeal and the High Court may choose to be sworn in by swearing the oath or a solemn affirmation.

As for the President/Acting President and his/her Deputy, according the Constitution, they are required to take both oath or solemn affirmation of allegiance and oath or solemn affirmation of due execution of office.