Article 101 of the Constitution of Kenya

prescribed under an Act of Parliament; and (c) after counting the votes in the polling stations, the Independent Electoral and Boundaries Commission shall tally and verify the count and declare the result. (4) A candidate shall be declared elected as President if the candidate receives— (a) more than half of all the votes cast in the election; and (b) at least twenty-five per cent of the votes cast in each of more than half of the counties. (5) If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be— (a) the candidate, or the candidates, who received the greatest number of votes; and (b) the candidate, or the candidates, who received the second greatest number of votes.79 Constitution of Kenya, 2010 (6) If more than one candidate receives the greatest number of votes, clause (5) (b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5) ( a). (7) The candidate who receives the most votes in the fresh election shall be declared elected as President. (8) A presidential election shall be cancelled and a new election held if— (a) no person has been nominated as a candidate before the expiry of the period set for the delivery of nominations; (b) a candidate for election as President or Deputy President dies on or before the scheduled election date; or (c) a candidate who would have been entitled to be declared elected as President, dies before being declared elected as President. (9) A new presidential election under clause (8) shall be held within sixty days after the date set for the previous presidential election. (10) Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall— (a) declare the result of the election; and (b) deliver a written notification of the result to the Chief Justice and the incumbent President. Death before assuming office. 139. (1) If a President-elect dies after being declared elected as President, but before assuming office— (a) the Deputy President-elect shall be sworn in as acting President on the date on which the President-elect would otherwise have been sworn-in; and (b) a fresh election to the office of President shall be held within sixty days after the death of the President-elect. (2) If the Deputy President-elect dies before assuming office, the office of the Deputy President shall be declared vacant on the assumption of office by the person declared elected as the President. (3) If both the persons declared elected as the President and the Constitution of Kenya, 2010 Deputy President die before assuming office— (a) the Speaker of the National Assembly shall act as President from the date on which the President-elect would otherwise have been sworn-in; and (b) a fresh presidential election shall be conducted within sixty days after the second death. 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 the presidential election. (2) Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final. (3) If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within sixty days after the determination. 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. (2) The President-elect shall be sworn in on the first Tuesday following— (a) the fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed under Article 140; or (b) the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140. (3) The President-elect assumes office by taking and subscribing the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule. (4) Parliament shall by legislation provide for the procedure and ceremony for the swearing-in of a President-elect.81 Constitution of Kenya, 2010 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 Article 136 (2) ( a) is sworn in. (2) A person shall not hold office as President for more than two terms. 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 office. (2) Civil proceedings shall not be instituted in any court against the President or the person performing the functions of that office during their tenure of office in respect of anything done or not done in the exercise of their powers under this Constitution. (3) Where provision is made in law limiting the time within which proceedings under clause (1) or (2) may be brought against a person, a period of time during which the person holds or performs the functions of the office of the President shall not be taken into account in calculating the period of time prescribed by that law. (4) The immunity of the President under this Article shall not extend to a crime for which the President may be prosecuted under any treaty to which Kenya is party and which prohibits such immunity. 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 capacity to perform the functions of office. (2) If a motion under clause (1) is supported by a majority of all the members of the National Assembly— (a) the Speaker shall inform the Chief Justice of that resolution within two days; and (b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article. (3) Within seven days after receiving notice of the resolution from the Speaker, the Chief Justice shall appoint a tribunal consisting of— Constitution of Kenya, 2010 (a) three persons who are qualified to practise medicine under the laws of Kenya, nominated by the body which by law is responsible for regulating the professional practice of medicine; (b) one advocate of the High Court nominated by the body which by law is responsible for regulating the professional practice of advocates; and (c) one person nominated by the President. (4) If the Chief Justice is unable to appoint a tribunal under clause (3), the Deputy Chief Justice shall appoint such a tribunal. (5) If the President is unable to nominate the person required to be nominated under clause (3) ( c), the person shall be nominated by— (a) a member of the family of the President; or (b) if no such member is willing or able to make the nomination, by a close relative of the President. (6) The tribunal shall inquire into the matter and, within fourteen days after the appointment, report to the Chief Justice and to the Speaker of the National Assembly. (7) The Speaker shall cause the report of the tribunal to be tabled before the National Assembly within seven days after receiving it. (8) The report of the tribunal shall be final and not subject to appeal and if the tribunal reports that the President is capable of performing the functions of the office, the Speaker of the National Assembly shall so announce in the National Assembly. (9) If the tribunal reports that the President is incapable of performing the functions of the office, the National Assembly shall vote on whether to ratify the report. (10) If a majority of all the members of the National Assembly vote in favour of ratifying the report, the President shall cease to hold office. 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—83 Constitution of Kenya, 2010 (a) on the ground of a gross violation of a provision of this Constitution or of any other law; (b) where there are serious reasons for believing that the President has committed a crime under national or international law; or (c) for gross misconduct. (2) If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly— (a) the Speaker shall inform the Speaker of the Senate of that resolution within two days; and (b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article. (3) Within seven days after receiving notice of a resolution from the Speaker of the National Assembly— (a) the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the President; and (b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter. (4) A special committee appointed under clause (3) ( b) shall— (a) investigate the matter; and (b) report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated. (5) The President shall have the right to appear and be represented before the special committee during its investigations. (6) If the special committee reports that the particulars of any allegation against the President— (a) have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation; or (b) have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges. (7) If at least two-thirds of all the members of the Senate vote to Constitution of Kenya, 2010 uphold any impeachment charge, the President shall cease to hold office. Vacancy in the office of President. 146. (1) The office of President shall become vacant if the holder of the office— (a) dies; (b) resigns, in writing, addressed to the Speaker of the National Assembly; or (c) otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution. (2) When a vacancy occurs in the office of President— (a) the Deputy President shall assume office as President for the remainder of the term of the President; or (b) if the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President and an election to the office of President shall be held within sixty days after the vacancy arose in the office of President. (3) A person who assumes the office of President under clause (2) (a), or following an election required by clause (2) ( b), shall, unless otherwise removed from office under this Constitution, hold office until a newly elected President is sworn in following the next regularly scheduled election under Article 136 (2) ( a). (4) If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)— (a) to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2) ( a); or (b) not to have served a term of office as President, in any other case. 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 85 Constitution of Kenya, 2010 the President’s functions. (2) The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign. (3) Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President. (4) The Deputy President shall not hold any other State or public office. 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. (2) For the purposes of clause (1), there shall be no separate nomination process for the Deputy President and Article 137 (1) ( d) shall not apply to a candidate for Deputy President. (3) The Independent Electoral and Boundaries Commission shall declare the candidate nominated by the person who is elected as the President to be elected as the Deputy President. (4) The swearing in of the Deputy President-elect shall be before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public. (5) The Deputy President-elect assumes office by taking and subscribing— (a) the oath or affirmation of allegiance; and (b) the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule. (6) The term of office of the Deputy President shall run from the date of the swearing in of the Deputy President, and shall end— (a) when the person next elected President at an election under