The Constitution of Kenya 2010

Chapter 9: THE EXECUTIVE

129. Principles of executive authority

129. (1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution. ...

130. The National Executive

130. (1) The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet. ...

131. Authority of the President

131. (1) The President— ...

132. Functions of the President

132. (1) The President shall— ...

133. Power of mercy

133. (1) On the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), by— ...

134. Exercise of presidential powers during temporary incumbency

134. (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President— ...

135. Decisions of the President

135. A decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the Presid...

136. Election of the President

136. (1) The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and any Act of Parliament regulating presidential...

137. Qualifications and disqualifications for election as President

137. (1) A person qualifies for nomination as a presidential candidate if the person— ...

138. Procedure at presidential election

138. (1) If only one candidate for President is nominated, that candidate shall be declared elected. ...

139. Death before assuming office

139. (1) If a President-elect dies after being declared elected as President, but before assuming office— ...

140. Questions as to validity of presidential election

140. (1) A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of th...

141. Assumption of office of President

141. (1) The swearing in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice. ...

142. Term of office of President

142. (1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with ...

143. Protection from legal proceedings

143. (1) Criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office, during their tenure of of...

144. Removal of President on grounds of incapacity

144. (1) A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capaci...

145. Removal of President by impeachment

145. (1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President—...

146. Vacancy in the office of President

146. (1) The office of President shall become vacant if the holder of the office— ...

147. Functions of the Deputy President

147. (1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions. ...

148. Election and swearing in of Deputy President

148. (1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President. ...

149. Vacancy in the office of Deputy President

149. (1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall v...