Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
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10 <strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong>[Rev. 2009<strong>of</strong> valid votes cast in the presidential election than anyother candidate and who, in addition, receives a minimum<strong>of</strong> twenty-five per cent <strong>of</strong> the votes cast in at least five<strong>of</strong> the eight provinces shall be declared to be elected asPresident.Vacancy in <strong>of</strong>fice <strong>of</strong>President.6. (1) If the <strong>of</strong>fice <strong>of</strong> President becomes vacant by reason <strong>of</strong> thedeath or resignation <strong>of</strong> the President, or by reason <strong>of</strong> his ceasing to hold<strong>of</strong>fice by virtue <strong>of</strong> section 10 or section 12, an election <strong>of</strong> a Presidentshall be held within the period <strong>of</strong> ninety days immediately following theoccurrence <strong>of</strong> that vacancy, and shall be held in the manner prescribedby section 5 (5).(2) While the <strong>of</strong>fice <strong>of</strong> President is vacant as aforesaid, thefunctions <strong>of</strong> that <strong>of</strong>fice shall be exercised -(a) by the Vice-President; or(b) if there is no Vice-President, or if the Vice-Presidentconsiders that he is for any reason unable to discharge thefunctions <strong>of</strong> the <strong>of</strong>fice <strong>of</strong> President, by such Minister as maybe appointed by the Cabinet.(3) Where the Vice-President or any other Minister is exercisingthe functions <strong>of</strong> the <strong>of</strong>fice <strong>of</strong> President by virtue <strong>of</strong> this section or <strong>of</strong>section 11, he shall not act, except in accordance with a resolution <strong>of</strong>the Cabinet, in the exercise <strong>of</strong> the powers relating to -Cap. 57.(a) the preservation <strong>of</strong> public security under section 85, or underPart III <strong>of</strong> the Preservation <strong>of</strong> Public Security Act;(b) the prorogation and dissolution <strong>of</strong> Parliament undersubsections (1) and (3) <strong>of</strong> section 59;(c) the appointment and removal <strong>of</strong> Ministers and AssistantMinisters under sections 16 and 19;(d) the assignment <strong>of</strong> responsibility to a Minister under section18; or(e) the giving <strong>of</strong> consent to a Minister or Assistant Ministerabsenting himself from <strong>Kenya</strong> under section 20.Assumption <strong>of</strong> <strong>of</strong>fice<strong>of</strong> President.6 <strong>of</strong> 1992, s. 4,9 <strong>of</strong> 1997, s. 3.7. A person elected as President in accordance with this<strong>Constitution</strong> shall assume <strong>of</strong>fice as President as soon as he is declaredto be elected.