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

Article 136. Election of the President

Navigate this chapter (30 articles)

• 129. Principles of executive authority
• 130. The National Executive
• 131. Authority of the President
• 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 (current)
• 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

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 elections.

(2) An election of the President shall be held—

(a) on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; or

(b) in the circumstances contemplated in Article 146.

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 136 states that the President must be chosen through a vote by registered citizens. This presidential election takes place every five years on the second Tuesday in August, which is the exact same day Kenyans vote for Members of Parliament. The only exception to this regular date is if the office of the President becomes completely vacant early due to unexpected reasons like death or resignation.