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Article 139 · Part 2—The President and Deputy President

Death before assuming office

In plain English

If the President-elect dies before taking office, the Deputy President-elect becomes acting President and a fresh election is held within 60 days. If both die, the Speaker of the National Assembly acts and a new election follows within 60 days.

The official text

(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 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.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.