The Executive

Part 1—Principles and Structure of the National Executive

1. 129Principles of executive authorityExecutive authority comes from the people of Kenya and must be used in line with this Constitution. It must be exercised in service to the people and for their well-being and benefit.
2. 130The National ExecutiveThe national executive is made up of the President, the Deputy President and the rest of the Cabinet. It must reflect the regional and ethnic diversity of Kenya's people.

Part 2—The President and Deputy President

1. 131Authority of the PresidentThe President is Head of State and Government, leads the executive, commands the Defence Forces and chairs the National Security Council. The President must uphold the Constitution and human rights, and may not hold any other State or public office.
2. 132Functions of the PresidentSets out the President's duties and powers: addressing Parliament, reporting yearly on national values, appointing key officials with National Assembly approval, chairing Cabinet, receiving diplomats, declaring a state of emergency subject to Article 58, and declaring war with Parliament's approval.
3. 133Power of mercyOn anyone's petition, the President may pardon a convicted person, postpone or reduce a punishment, or remit it, acting on the advice of an Advisory Committee on the Power of Mercy. The Committee may consider victims' views.
4. 134Exercise of presidential powers during temporary incumbencyDuring a presidential election period, or while the President is absent or incapacitated, whoever exercises presidential powers may not make judicial or other major appointments, dismiss officers, use the power of mercy, or confer honours.
5. 135Decisions of the PresidentEvery decision of the President under the Constitution must be in writing and carry the President's seal and signature.
6. 136Election of the PresidentThe President is elected by registered voters in a national election, held on the second Tuesday in August every fifth year, alongside the general election, or as required when the office falls vacant under Article 146.
7. 137Qualifications and disqualifications for election as PresidentA presidential candidate must be a citizen by birth, qualified to be an MP, party-nominated or independent, and backed by 2,000 voters from each of a majority of counties. Foreign allegiance or public office disqualifies, except for the President, Deputy President and MPs.
8. 138Procedure at presidential electionA presidential winner needs over half of all votes and at least 25% in more than half of the counties; otherwise a run-off between the top candidates is held within 30 days. Voting is by secret ballot, and IEBC declares the result within seven days.
9. 139Death before assuming officeIf 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.
10. 140Questions as to validity of presidential electionAnyone may petition the Supreme Court within seven days of the declaration to challenge the President-elect's election. The Court must decide within 14 days and its decision is final; if the election is invalid, a fresh one is held within 60 days.
11. 141Assumption of office of PresidentThe President-elect is sworn in publicly before the Chief Justice, on the first Tuesday after the 14th day following the declaration if there is no petition, or after the seventh day following a court decision upholding the election.
12. 142Term of office of PresidentThe President's term runs from swearing-in until the next elected President is sworn in. No one may serve as President for more than two terms.
13. 143Protection from legal proceedingsWhile in office, the President cannot face criminal proceedings, or civil proceedings over official acts. Time limits are paused during their tenure. This immunity does not cover crimes prosecutable under a treaty Kenya has joined that prohibits such immunity.
14. 144Removal of President on grounds of incapacityA National Assembly motion supported by at least a quarter of members may seek an investigation of the President's capacity. A tribunal inquires; if it finds the President incapable and a majority of the Assembly ratifies the report, the President ceases to hold office.
15. 145Removal of President by impeachmentThe President may be impeached for gross violation of the Constitution or law, serious reasons to believe they committed a crime, or gross misconduct. One-third of MPs must back the motion and two-thirds pass it; the Senate hears it, and two-thirds must uphold removal.
16. 146Vacancy in the office of PresidentThe presidency becomes vacant on death, written resignation or removal. The Deputy President then takes over, or if that is not possible the Speaker acts and an election is held within 60 days.
17. 147Functions of the Deputy PresidentThe Deputy President is the President's principal assistant and deputises for the President, performing assigned functions and acting when the President is absent or temporarily incapacitated. The Deputy President may not hold any other State or public office.
18. 148Election and swearing-in of Deputy PresidentEach presidential candidate names a running mate for Deputy President, with no separate nomination or election. The Deputy President serves until the next elected President is sworn in, and may not serve more than two terms.
19. 149Vacancy in the office of Deputy PresidentIf the Deputy President's office falls vacant, the President must nominate a replacement within 14 days and the National Assembly votes on it within 60 days of receiving it. The Article also says when a replacement counts as having served a full term.
20. 150Removal of Deputy PresidentThe Deputy President may be removed for physical or mental incapacity, or by impeachment for gross violation of the Constitution or law, serious reasons to believe they committed a crime, or gross misconduct. The procedures for removing the President apply, with necessary changes.
21. 151Remuneration and benefits of President and Deputy PresidentThe pay and benefits of the President and Deputy President are paid from the Consolidated Fund. They cannot be reduced to their disadvantage while in office, and retirement benefits of former holders cannot be reduced during their lifetime.

Part 3—The Cabinet

1. 152CabinetThe Cabinet is the President, Deputy President, Attorney-General and 14 to 22 Cabinet Secretaries, appointed with National Assembly approval and not MPs. The President may dismiss one, and must if the Assembly resolves so after an investigation.
2. 153Decisions, responsibility and accountability of the CabinetCabinet decisions must be in writing. Cabinet Secretaries answer to the President, must appear before parliamentary committees and answer questions when required, and must give Parliament full and regular reports.
3. 154Secretary to the CabinetThe office of Secretary to the Cabinet is a public service office, filled by presidential nomination with National Assembly approval. The holder runs the Cabinet office, keeps its minutes and conveys its decisions.
4. 155Principal SecretariesEach State department is run by a Principal Secretary, a public service office. The President nominates one from persons recommended by the Public Service Commission and appoints them with National Assembly approval.

Part 4—Other offices

1. 156Attorney-GeneralThe Attorney-General is the Government's principal legal adviser and represents the national government in court, except in criminal cases. The holder is nominated by the President and appointed with National Assembly approval, and must promote the rule of law and defend the public interest.
2. 157Director of Public ProsecutionsThe DPP serves one eight-year term, decides on prosecutions, may direct police to investigate, and needs no one's consent and is under no one's direction. The DPP must consider the public interest; discontinuing a prosecution needs the court's permission.
3. 158Removal and resignation of Director of Public ProsecutionsThe DPP may be removed only for incapacity, breach of Chapter Six, bankruptcy, incompetence, or gross misconduct. Anyone may petition the Public Service Commission, and a tribunal appointed by the President then inquires and makes recommendations the President must follow.

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.