Under Article 146 of the Constitution of Kenya, the office of the President may become vacant due to several circumstances. This article outlines the conditions for a vacancy, the process of succession, and the implications of assuming the presidency.
📌 Circumstances Leading to a Vacancy in the President’s Office
The office of the President shall become vacant if the President:
✅ Dies while in office.
✅ Resigns in writing, addressed to the Speaker of the National Assembly.
✅ Is removed from office under:
- Article 144 (incapacity to perform functions due to health reasons).
- Article 145 (impeachment by Parliament).
- Any other provision of the Constitution.
📌 What Happens When the President’s Office Becomes Vacant?
🔹 If the President’s office is vacant, the Deputy President automatically assumes office and serves for the remainder of the term.
🔹 If the Deputy President takes over as President, they are deemed:
✔ To have served a full term if more than 2.5 years remain before the next election.
✔ Not to have served a full term if less than 2.5 years remain before the next election.
📌 What Happens If Both the President and Deputy President’s Positions Become Vacant?
🔹 If both the President and Deputy President’s offices are vacant, or if the Deputy President is unable to assume office:
✔ The Speaker of the National Assembly assumes office as Acting President.
✔ A new presidential election must be held within 60 days.
🔹 The Acting President (Speaker of the National Assembly) holds office until a new President is elected and sworn in.
📌 Summary of the Presidential Succession Process
| Scenario | Successor | Election Timeline |
|---|---|---|
| President resigns, dies, or is removed | Deputy President becomes President | No election required |
| Both President & Deputy President’s offices are vacant | Speaker of the National Assembly becomes Acting President | Fresh election within 60 days |
📌 Presidential Term Limits
🔹 A President in Kenya can only serve two terms of five years each.
🔹 If a Deputy President assumes the presidency, the duration served determines if it counts as a full term:
✔ More than 2.5 years left? 🠖 Counts as one full term.
✔ Less than 2.5 years left? 🠖 Does not count as a term.
📌 Conclusion
Kenya’s constitutional framework ensures a clear process for presidential succession, maintaining stability and continuity in governance. The provisions prevent a power vacuum, ensuring that a new President is either appointed or elected within 60 days if necessary. 🚀
