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Constitution of Kenya (Repealed) - Kenya Law Reports

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Rev. 2009]<strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong> 118. A person assuming the <strong>of</strong>fice <strong>of</strong> President shall, before enteringupon the <strong>of</strong>fice, take and subscribe the oath <strong>of</strong> allegiance and such oathfor the due execution <strong>of</strong> his <strong>of</strong>fice as may be prescribed by or under anAct <strong>of</strong> Parliament.9. (1) The President shall hold <strong>of</strong>fice for a term <strong>of</strong> five yearsbeginning from the date on which he is sworn in as President.(2) No person shall be elected to hold <strong>of</strong>fice as President for morethan two terms.Oath <strong>of</strong>PresidentTerm <strong>of</strong> <strong>of</strong>fice <strong>of</strong>President.6 <strong>of</strong> 1992, s. 5.(3) The President shall, unless his <strong>of</strong>fice becomes vacant by reason<strong>of</strong> his death, his resignation or his ceasing to hold <strong>of</strong>fice by virtue <strong>of</strong>section 10 or section 12, continue in <strong>of</strong>fice until the person elected asPresident at a subsequent presidential election assumes <strong>of</strong>fice.(4) The holding <strong>of</strong> the <strong>of</strong>fice <strong>of</strong> President shall be incompatiblewith the holding <strong>of</strong> any <strong>of</strong>fice <strong>of</strong> pr<strong>of</strong>it or <strong>of</strong> an <strong>of</strong>fice in any pr<strong>of</strong>essionalor labour organization and with any pr<strong>of</strong>essional activity or any otherpublic employment.10. (1) Subject to this section, section 44 shall apply to the hearingand determination <strong>of</strong> a question whether a person has been validlyelected as President, as it applies to the hearing and determination <strong>of</strong>a question whether a person has been validly elected as a member <strong>of</strong>the National Assembly.Determination<strong>of</strong> questions asto validity <strong>of</strong>presidential elections,etc.(2) Where a person applies to the High Court for the determination<strong>of</strong> more than one <strong>of</strong> the following questions, namely, whether thePresident was qualified to be nominated for election as President, orwas validly elected as President, or was validly elected as a member<strong>of</strong> the National Assembly, he shall make one application only to theHigh Court.(3) Where at any time the High Court determines under section44 that the President has not been validly elected as a member <strong>of</strong> theNational Assembly, or that the seat in the Assembly <strong>of</strong> the President hasbecome vacant, the High Court shall declare the seat in the Assembly<strong>of</strong> the President to be vacant, and -(a) an election shall be commenced forthwith and shall be heldin the constituency for which the President stood for electionas a member <strong>of</strong> the Assembly; and

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