Chapter 9: THE EXECUTIVEPart 2 — THE PRESIDENT AND DEPUTY PRESIDENT

Article 131. Authority of the President

Navigate this chapter (30 articles)

• 129. Principles of executive authority
• 130. The National Executive
• 131. Authority of the President (current)
• 132. Functions of the President
• 133. Power of mercy
• 134. Exercise of presidential powers during temporary incumbency
• 135. Decisions of the President
• 136. Election of the President
• 137. Qualifications and disqualifications for election as President
• 138. Procedure at presidential election
• 139. Death before assuming office
• 140. Questions as to validity of presidential election
• 141. Assumption of office of President
• 142. Term of office of President
• 143. Protection from legal proceedings
• 144. Removal of President on grounds of incapacity
• 145. Removal of President by impeachment
• 146. Vacancy in the office of President
• 147. Functions of the Deputy President
• 148. Election and swearing in of Deputy President
• 149. Vacancy in the office of Deputy President
• 150. Removal of Deputy President
• 151. Remuneration and benefits of President and Deputy President
• 152. Cabinet
• 153. Decisions, responsibility and accountability of the Cabinet
• 154. Secretary to the Cabinet
• 155. Principal Secretaries
• 156. Attorney-General
• 157. Director of Public Prosecutions
• 158. Removal and resignation of Director of Public Prosecutions

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In this Chapter

Official Constitutional Text

131. (1) The President—

(a) is the Head of State and Government;

(b) exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries;

(c) is the Commander-in-Chief of the Kenya Defence Forces;

(d) is the chairperson of the National Security Council; and

(e) is a symbol of national unity.

(2) The President shall—

(a) respect, uphold and safeguard this Constitution;

(b) safeguard the sovereignty of the Republic;

(c) promote and enhance the unity of the nation;

(d) promote respect for the diversity of the people and communities of Kenya; and

(e) ensure the protection of human rights and fundamental freedoms and the rule of law.

(3) The President shall not hold any other State or public office.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 131 of the Kenyan Constitution defines the authority, responsibilities, and restrictions of the President. It establishes the President as the Head of State and Government, the Commander-in-Chief of the Kenya Defence Forces, and the chairperson of the National Security Council. Supported by the Deputy President and Cabinet Secretaries, the President exercises the nation's executive power and serves as a symbol of national unity. The article places a legal duty on the President to uphold the Constitution, defend Kenya's sovereignty, protect human rights, and promote respect for the country's diverse communities. Finally, it enforces a strict conflict-of-interest rule that bans the President from holding any other state or public office during their term.