In the Event the President Dies, what does the Constitution Say?

By Juma Fred / March 10, 2017


There are parts in the Kenyan constitution that most Kenyans and even political leaders don’t know that they exist. The truth is, the politicians who were shouting their lungs out urging us to vote for the new constitution during the referendum did not even read the same document.

For instance, if the President dies, what does the constitution say about?

In the Kenyan constitution, there are two types of Presidents. Did you know that? These presidents are:

  1. The President Elect
  2. The President

The President elect is the president who has been elected but is yet to be sworn in as the President. The President Elect, therefore, becomes The President after being sworn in.

What happens when the President Elect dies?

According to Article 139 of the Constitution of Kenya:

  1. If a President-elect dies after being declared elected as President but before assuming office –
  2. The Deputy President-elect shall be sworn in as acting President on the date on which the President-elect would otherwise been sworn in and-
  3. A fresh election to the office of the President shall be held within sixty days after the death of the President-elect
  4. If the Deputy President-elect dies before assuming office, the office of the Deputy President shall be declared vacant on the assumption of office of the person declared elected as the President
  5. If both the persons declared elected as the President and the Deputy President die before assuming office-
  6. The Speaker of the National Assembly shall act as President from the date on which the President-elect would otherwise have been sworn-in; and
  7. A fresh presidential election shall be conducted within sixty days after the second death.

What happens when The President dies in office?

According to Article 146 of the Constitution of Kenya: –

  1. The office of the President shall become vacant if the holder of the office-
  2. Dies
  3. Resigns, in writing, addressed to the Speaker of the National Assembly; or
  4. Otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution
  5. When a vacancy occurs in the office of the President-
  6. The Deputy President shall assume office as President for the remainder of the term of the President; or
  7. If the office of the Deputy President is vacant, or the Deputy President is unable to assume the office of the President, the Speaker of the National Assembly shall act as President and an election to the office of the President shall be held within sixty days after the vacancy arose in the office of the President.

Read Parts of the Kenyan Constitution that Most Politicians and Kenyans Didn’t know Exist



About Juma Fred

Juma Fredrick is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it. You can reach him on: (020) 528 0222 or Email: [email protected]

View other posts by Juma Fred



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