The President of Kenya is the Head of State and Government, Commander-in-Chief of the Kenya Defence Forces, and Chairperson of the National Security Council. The 2010 Constitution of Kenya defines the President’s powers and functions under Articles 131 and 132.
1. Functions of the President of Kenya
(a) Parliamentary Responsibilities
✅ Addresses the opening of each newly elected Parliament
✅ Gives an annual State of the Nation Address
✅ Reports on the implementation of national values (Article 10)
✅ Submits a report on Kenya’s international obligations
(b) Hiring & Firing (Appointments & Dismissals)
✅ Nominates, appoints, and may dismiss the following (with National Assembly approval):
- Cabinet Secretaries
- Attorney General
- Principal Secretaries
- Secretary to the Cabinet
- High Commissioners, Ambassadors & Diplomatic Representatives
- Other State or public officers as mandated by the Constitution
(c) Head of the Executive
✅ Chairs Cabinet meetings
✅ Coordinates ministries and government departments
✅ Assigns responsibility for Acts of Parliament to Cabinet Secretaries
(d) Other Functions
✅ Establishes public offices on recommendation of the Public Service Commission
✅ Receives foreign diplomats
✅ Confers national honors
✅ Declares a state of emergency (subject to Article 58)
✅ Declares war (with Parliament’s approval)
✅ Represents Kenya in national & international forums
✅ Approves, assents, or rejects Bills passed by Parliament (Article 115)
✅ Chairs the National and County Government Coordinating Summit
2. Powers of the President of Kenya
✅ Head of State and Government
✅ Exercises Executive Authority (with Deputy President & Cabinet)
✅ Commander-in-Chief of the Kenya Defence Forces
✅ Chairperson of the National Security Council
✅ Symbol of national unity
📌 Must uphold & safeguard the Constitution and protect human rights, the rule of law, and Kenya’s sovereignty
📌 Cannot hold any other public office while serving as President
3. Power of Mercy (Presidential Pardon)
The President may grant pardons upon petition, based on advice from the Advisory Committee on the Power of Mercy. The President can:
✅ Pardon (fully or conditionally) any convicted person
✅ Postpone a punishment (indefinitely or for a set period)
✅ Substitute a less severe punishment
✅ Cancel or suspend part of a punishment
Advisory Committee on the Power of Mercy Includes:
- Attorney General
- Cabinet Secretary for Correctional Services
- At least 5 independent members (non-State officers)
Key Takeaways
✔ Head of State, Government & Executive
✔ Commander-in-Chief of the Armed Forces
✔ Appoints top government officials
✔ Declares war & states of emergency (with approval)
✔ Grants presidential pardons
✔ Upholds national unity & the rule of law
📌 All presidential decisions must be in writing, signed, and bear the presidential seal.
