ayubuchacha12
Member
- May 8, 2012
- 19
- 7
131. (1) The President(a) is the Head of State and Government;(b) exercises the executive authority of the Republic, withthe assistance of the Deputy President and CabinetSecretaries;(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 andcommunities of Kenya; and(e) ensure the protection of human rights and fundamentalfreedoms and the rule of law.(3) The President shall not hold any other State or public office.132. (1) The President shall(a) address the opening of each newly elected Parliament;(b) address a special sitting of Parliament once every year andmay address Parliament at any other time; and(c) once every year(i) report, in an address to the nation, on all the measurestaken and the progress achieved in the realisation of thenational values, referred to in Article 10;(ii) publish in the Gazette the details of the measures andprogress under sub-paragraph (i); and(iii) submit a report for debate to the National Assemblyon the progress made in fulfilling the internationalobligations of the Republic.(2) The President shall nominate and, with the approval of theNational Assembly, appoint, and may dismiss(a) the Cabinet Secretaries, in accordance with Article 152;(b) the Attorney-General, in accordance with Article 156;(c) the Secretary to the Cabinet in accordance with Article154;(d) Principal Secretaries in accordance with Article 155;(e) high commissioners, ambassadors and diplomatic andconsular representatives; and(f) in accordance with this Constitution, any other State orpublic officer whom this Constitution requires or empowersthe President to appoint or dismiss.(3) The President shall(a) chair Cabinet meetings;(b) direct and co-ordinate the functions of ministries andgovernment departments; and(c) by a decision published in the Gazette, assign responsibilityfor the implementation and administration of any Actof Parliament to a Cabinet Secretary, to the extent notinconsistent with any Act of Parliament.(4) The President may(a) perform any other executive function provided for in thisConstitution or in national legislation and, except as otherwiseprovided for in this Constitution, may establish an office inthe public service in accordance with the recommendationof the Public Service Commission;(b) receive foreign diplomatic and consular representatives;(c) confer honours in the name of the people and theRepublic;(d) subject to Article 58, declare a state of emergency; and(e) with the approval of Parliament, declare war.(5) The President shall ensure that the international obligationsof the Republic are fulfilled through the actions of the relevant CabinetSecretaries.133. (1) On the petition of any person, the President may exercisea power of mercy in accordance with the advice of the AdvisoryCommittee established under clause (2), by(a) granting a free or conditional pardon to a person convictedof an offence;(b) postponing the carrying out of a punishment, either for aspecified or indefinite period;(c) substituting a less severe form of punishment; or(d) remitting all or part of a punishment.(2) There shall be an Advisory Committee on the Power of Mercy,comprising(a) the Attorney-General;(b) the Cabinet Secretary responsible for correctional services;and(c) at least five other members as prescribed by an Act ofParliament, none of whom may be a State officer or inpublic service.(3) Parliament shall enact legislation to provide for(a) the tenure of the members of the Advisory Committee;(b) the procedure of the Advisory Committee; and(c) criteria that shall be applied by the Advisory Committee informulating its advice.(4) The Advisory Committee may take into account the views ofthe victims of the offence in respect of which it is considering makingrecommendations to the President.134. (1) A person who holds the office of President or who isauthorised in terms of this Constitution to exercise the powers of thePresident (a) during the period commencing on the date of the first votein a presidential election, and ending when the newly electedPresident assumes office; or(b) while the President is absent or incapacitated, or at othertimes contemplated in Article 147 (3),may not exercise the powers of the President specified inclause (2).(2) The powers referred to in clause (1) are(a) the nomination or appointment of the judges of the superiorcourts;(b) the nomination or appointment of any other public officerwhom this Constitution or legislation requires the Presidentto appoint;(c) the nomination or appointment or dismissal of CabinetSecretaries and other State or Public officers;(d) the nomination or appointment or dismissal of a highcommissioner, ambassador, or diplomatic or consularrepresentative;(e) the power of mercy; and(f) the authority to confer honours in the name of the peopleand the Republic.135. A decision of the President in the performance of any functionof the President under this Constitution shall be in writing and shallbear the seal and signature of the President.136. (1) The President shall be elected by registered voters in anational election conducted in accordance with this Constitution andany 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 ofParliament, being the second Tuesday in August, in everyfifth year; or(b) in the circumstances contemplated in Article 146.137. (1) A person qualifies for nomination as a presidentialcandidate if the person(a) is a citizen by birth;(b) is qualified to stand for election as a member ofParliament;(c) is nominated by a political party, or is an independentcandidate; and(d) is nominated by not fewer than two thousand voters fromeach of a majority of the counties.(2) A person is not qualified for nomination as a presidentialcandidate if the person(a) owes allegiance to a foreign state; or(b) is a public officer, or is acting in any State or other publicoffice.(3) Clause (2) (b) shall not apply to(a) the President;(b) the Deputy President; or(c) a member of Parliament.138. (1) If only one candidate for President is nominated, thatcandidate shall be declared elected.(2) If two or more candidates for President are nominated, anelection shall be held in each constituency.(3) In a presidential election(a) all persons registered as voters for the purposes ofparliamentary elections are entitled to vote;(b) the poll shall be taken by secret ballot on the day specifiedin Article 101 (1) at the time, in the places and in the mannerprescribed under an Act of Parliament; and(c) after counting the votes in the polling stations, theIndependent Electoral and Boundaries Commission shalltally and verify the count and declare the result.(4) A candidate shall be declared elected as President if thecandidate 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 morethan half of the counties.(5) If no candidate is elected, a fresh election shall be held withinthirty days after the previous election and in that fresh election the onlycandidates shall be(a) the candidate, or the candidates, who received the greatestnumber of votes; and(b) the candidate, or the candidates, who received the secondgreatest number of votes.(6) If more than one candidate receives the greatest number ofvotes, clause (5) (b) shall not apply and the only candidates in the freshelection shall be those contemplated in clause (5) (a).(7) The candidate who receives the most votes in the fresh electionshall be declared elected as President.(8) A presidential election shall be cancelled and a new electionheld if(a) no person has been nominated as a candidate before theexpiry of the period set for the delivery of nominations;(b) a candidate for election as President or Deputy Presidentdies on or before the scheduled election date; or(c) a candidate who would have been entitled to be declaredelected as President, dies before being declared elected asPresident.(9) A new presidential election under clause (8) shall be held withinsixty days after the date set for the previous presidential election.(10) Within seven days after the presidential election, thechairperson of the Independent Electoral and Boundaries Commissionshall(a) declare the result of the election; and(b) deliver a written notification of the result to the Chief Justiceand the incumbent President.139. (1) If a President-elect dies after being declared elected asPresident, but before assuming office(a) the Deputy President-elect shall be sworn in as actingPresident on the date on which the President-elect wouldotherwise have been sworn-in; and(b) a fresh election to the office of President shall be held withinsixty days after the death of the President-elect.(2) If the Deputy President-elect dies before assuming office, theoffice of the Deputy President shall be declared vacant on the assumptionof office by the person declared elected as the President.(3) If both the persons declared elected as the President and theDeputy President die before assuming office(a) the Speaker of the National Assembly shall act as Presidentfrom the date on which the President-elect would otherwisehave been sworn-in; and(b) a fresh presidential election shall be conducted within sixtydays after the second death.140. (1) A person may file a petition in the Supreme Court tochallenge the election of the President-elect within seven days after thedate 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 itsdecision shall be final.(3) If the Supreme Court determines the election of the Presidentelectto be invalid, a fresh election shall be held within sixty days afterthe determination.141. (1) The swearing in of the President-elect shall be in publicbefore the Chief Justice, or, in the absence of the Chief Justice, theDeputy 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 theresult of the presidential election, if no petition has been filedunder Article 140; or(b) the seventh day following the date on which the court rendersa decision declaring the election to be valid, if any petitionhas been filed under Article 140.(3) The President-elect assumes office by taking and subscribingthe oath or affirmation of allegiance, and the oath or affirmation forthe execution of the functions of office, as prescribed in the ThirdSchedule.(4) Parliament shall by legislation provide for the procedure andceremony for the swearing-in of a President-elect.142. (1) The President shall hold office for a term beginning onthe date on which the President was sworn in, and ending when theperson 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 twoterms.143. (1) Criminal proceedings shall not be instituted or continuedin any court against the President or a person performing the functionsof that office, during their tenure of office.(2) Civil proceedings shall not be instituted in any court againstthe President or the person performing the functions of that officeduring their tenure of office in respect of anything done or not done inthe exercise of their powers under this Constitution.(3) Where provision is made in law limiting the time withinwhich proceedings under clause (1) or (2) may be brought against aperson, a period of time during which the person holds or performs thefunctions of the office of the President shall not be taken into accountin calculating the period of time prescribed by that law.(4) The immunity of the President under this Article shall notextend to a crime for which the President may be prosecuted under anytreaty to which Kenya is party and which prohibits such immunity.144. (1) A member of the National Assembly, supported by at leasta quarter of all the members, may move a motion for the investigationof the Presidents physical or mental capacity to perform the functionsof office.(2) If a motion under clause (1) is supported by a majority of allthe members of the National Assembly(a) the Speaker shall inform the Chief Justice of that resolutionwithin two days; and(b) the President shall continue to perform the functions of theoffice pending the outcome of the proceedings required bythis Article.(3) Within seven days after receiving notice of the resolution fromthe Speaker, the Chief Justice shall appoint a tribunal consisting of(a) three persons who are qualified to practise medicine underthe laws of Kenya, nominated by the body which by lawis responsible for regulating the professional practice ofmedicine;(b) one advocate of the High Court nominated by the bodywhich by law is responsible for regulating the professionalpractice 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 benominated 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 fourteendays after the appointment, report to the Chief Justice and to the Speakerof the National Assembly.(7) The Speaker shall cause the report of the tribunal to be tabledbefore the National Assembly within seven days after receiving it.(8) The report of the tribunal shall be final and not subject to appealand if the tribunal reports that the President is capable of performingthe functions of the office, the Speaker of the National Assembly shallso announce in the National Assembly.(9) If the tribunal reports that the President is incapable ofperforming the functions of the office, the National Assembly shall voteon whether to ratify the report.(10) If a majority of all the members of the National Assemblyvote in favour of ratifying the report, the President shall cease to holdoffice.145. (1) A member of the National Assembly, supported by at leasta third of all the members, may move a motion for the impeachmentof the President(a) on the ground of a gross violation of a provision of thisConstitution or of any other law;(b) where there are serious reasons for believing that thePresident has committed a crime under national orinternational law; or(c) for gross misconduct.(2) If a motion under clause (1) is supported by at least two-thirdsof all the members of the National Assembly(a) the Speaker shall inform the Speaker of the Senate of thatresolution within two days; and(b) the President shall continue to perform the functions of theoffice pending the outcome of the proceedings required bythis Article.(3) Within seven days after receiving notice of a resolution fromthe Speaker of the National Assembly(a) the Speaker of the Senate shall convene a meeting of theSenate to hear charges against the President; and(b) the Senate, by resolution, may appoint a special committeecomprising eleven of its members to investigate thematter.(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 theparticulars of the allegations against the President to havebeen substantiated.(5) The President shall have the right to appear and be representedbefore the special committee during its investigations.(6) If the special committee reports that the particulars of anyallegation against the President(a) have not been substantiated, further proceedings shall not betaken under this Article in respect of that allegation; or(b) have been substantiated, the Senate shall, after accordingthe President an opportunity to be heard, vote on theimpeachment charges.(7) If at least two-thirds of all the members of the Senate voteto uphold any impeachment charge, the President shall cease to holdoffice.146. (1) The office of President shall become vacant if the holderof the office(a) dies;(b) resigns, in writing, addressed to the Speaker of the NationalAssembly; or(c) otherwise ceases to hold office under Article 144 or 145 orunder 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 forthe remainder of the term of the President; or(b) if the office of Deputy President is vacant, or the DeputyPresident is unable to assume the office of President, theSpeaker of the National Assembly shall act as President andan election to the office of President shall be held within sixtydays 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, unlessotherwise removed from office under this Constitution, hold officeuntil a newly elected President is sworn in following the next regularlyscheduled election under Article 136 (2) (a).(4) If the Deputy President assumes office as President underclause (2) (a), or a person is elected to the office of President underclause (2) (b), the Deputy President, or the person elected, shall bedeemed for the purposes of Article 142 (2)(a) to have served a full term as President if, at the date onwhich the person assumed office, more than two and a halfyears remain before the date of the next regularly scheduledelection under Article 136 (2) (a); or(b) not to have served a term of office as President, in anyother case.147. (1) The Deputy President shall be the principal assistant ofthe President and shall deputise for the President in the execution ofthe Presidents functions.(2) The Deputy President shall perform the functions conferredby this Constitution and any other functions of the President as thePresident may assign.(3) Subject to Article 134, when the President is absent or istemporarily incapacitated, and during any other period that the Presidentdecides, the Deputy President shall act as the President.(4) The Deputy President shall not hold any other State or publicoffice.148. (1) Each candidate in a presidential election shall nominatea person who is qualified for nomination for election as President, as acandidate for Deputy President.(2) For the purposes of clause (1), there shall be no separatenomination 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 shalldeclare the candidate nominated by the person who is elected as thePresident to be elected as the Deputy President.(4) The swearing in of the Deputy President-elect shall be beforethe Chief Justice or, in the absence of the Chief Justice, the DeputyChief Justice and in public.(5) The Deputy President-elect assumes office by taking andsubscribing(a) the oath or affirmation of allegiance; and(b) the oath or affirmation for the execution of the functionsof office,as prescribed in the Third Schedule.(6) The term of office of the Deputy President shall run from thedate of the swearing in of the Deputy President, and shall end(a) when the person next elected President at an election underArticle 136 (2) (a) is sworn in;(b) on the Deputy President assuming the office of President;or(c) on resignation, death or removal from office of the DeputyPresident.(7) The Deputy President may resign from office at any time bynotice, in writing, addressed to the President and the resignation shalltake effect on the date and at the time specified in the notice, if any, or ifa date is not specified, at noon on the day after the notice is delivered.(8) A person shall not hold office as Deputy President for morethan two terms.149. (1) Within fourteen days after a vacancy in the office ofDeputy President arises, the President shall nominate a person to fillthe vacancy, and the National Assembly shall vote on the nominationwithin sixty days after receiving it.(2) If a person assumes office as Deputy President under clause(1), then, for the purposes of Article 148 (8), the person shall bedeemed(a) to have served a full term as Deputy President if, at the dateon which the person assumed office, more than two and a halfyears remain before the date of the next regularly scheduledelection under Article 136 (2) (a); or(b) not to have served a term of office as Deputy President, inany other case.150. (1) The Deputy President may be removed from office(a) on the ground of physical or mental incapacity to performthe functions of the office; or(b) on impeachment(i) on the ground of a gross violation of a provision of thisConstitution or any other law;(ii) where there are serious reasons to believe that the DeputyPresident has committed a crime under national or internationallaw; or(iii) for gross misconduct.(2) The provisions of Articles 144 and 145 relating to the removalof the President shall apply, with the necessary modifications, to theremoval of the Deputy President.151. (1) The remuneration and benefits payable to the Presidentand the Deputy President shall be a charge on the Consolidated Fund.(2) The remuneration, benefits and privileges of the Presidentand Deputy President shall not be varied to their disadvantage whilein office.(3) The retirement benefits payable to a former President and aformer Deputy President, the facilities available to and the privilegesenjoyed by them, shall not be varied to their disadvantage during theirlifetime.TUSOMENI JAMANI ILI TUTOE MICHANGO SAHIHI WAKATI UTAKAPOFIKA,,,,PIA TUNAWEZA ANGALIZA KATIBA ZA NCHI ZINGINE HASA ZILIZOENDELEA NA ZA KATI KIUCHUMI.
