Article 148 of The Constitution of Kenya: Election and swearing-in of Deputy President.
(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 processfor 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 Justiceor, 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 to—(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 Article 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 Deputy President.
(7) The Deputy President may resign from office at any time by notice, in writing,addressed to the President and the resignation shall take effect on the date and at the time specified in the notice, if any, or if a 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 more than two terms.
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- Article 149 - Vacancy in the office of Deputy President.
(1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination...
- Article 150 - Removal of Deputy President.
(1) The Deputy President may be removed from office—
(a) on the ground of physical or mental incapacity to perform the functions of the office; or
(b) on impeachment—
(i) on the ground of a gross...
- Article 151 - Remuneration and benefits of President and Deputy President.
(1) The remuneration and benefits payable to the President and the Deputy President shall be a charge on the Consolidated Fund.
(2) The remuneration, benefits and privileges of the President and...
- Article 152 - Cabinet.
(1) The Cabinet consists of—
(a) the President;
(b) the Deputy President;
(c) the Attorney-General; and
(d) not fewer than fourteen and not more than twenty-two Cabinet Secretaries.
(2) The...
- Article 153 - Decisions, responsibility and accountability of the Cabinet.
(1) A decision by the Cabinet shall be in writing.
(2) Cabinet Secretaries are accountable individually, and collectively, to thePresident for the exercise of their powers and the performance of...
- Article 154 - Secretary to the Cabinet.
(1) There is established the office of Secretary to the Cabinet, which is an office in the public service.
(2) The Secretary to the Cabinet shall—
(a) be nominated and, with the approval of the...
- Article 155 - Principal Secretaries.
(1) There is established the office of Principal Secretary, which is an office in the public service.
(2) Each State department shall be under the administration of a PrincipalSecretary.
(3) The...
- Article 156 - Attorney-General.
(1) There is established the office of Attorney-General.
(2) The Attorney-General shall be nominated by the President and, with theapproval of the National Assembly, appointed by the...
- Article 157 - Director of Public Prosecutions.
(1) There is established the office of Director of Public Prosecutions.
(2) The Director of Public Prosecutions shall be nominated and, with the approvalof the National Assembly, appointed by the...
- Article 158 - Removal and resignation of Director of Public Prosecutions.
(1) The Director of Public Prosecutions may be removed from office only on the grounds of—
(a) inability to perform the functions of office arising from mental or physical...
- Article 159 - Judicial authority.
(1) Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.
(2) In exercising judicial authority,...
- Article 160 - Independence of the Judiciary.
(1) In the exercise of judicial authority, the Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of...
- Article 161 - Judicial offices and officers.
(1) The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff.
(2) There is established the office of—
(a) Chief Justice, who shall be the Head of...
- Article 162 - System of courts.
(1) The superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts referred to in clause (2).
(2) Parliament shall establish courts with the status of the High Court...
- Article 163 - Supreme Court.
(1) There is established the Supreme Court, which shall consist of—
(a) the Chief Justice, who shall be the president of the court.
(b) the Deputy Chief Justice, who shall— (i) deputise for the...
- Article 164 - Court of Appeal.
(1) There is established the Court of Appeal, which—
(a) shall consist of the number of judges, being not fewer than twelve, as may be prescribed by an Act of Parliament; and
(b) shall be organised...
- Article 165 - High Court.
(1) There is established the High Court, which—
(a) shall consist of the number of judges prescribed by an Act of Parliament; and
(b) shall be organised and administered in the manner prescribed by...
- Article 166 - Appointment of Chief Justice, Deputy Chief Justice and other judges.
(1) The President shall appoint—
(a) the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the...
- Article 167 - Tenure of office of the Chief Justice and other judges.
(1) A judge shall retire from office on attaining the age of seventy years but may elect to retire at any time after attaining the age of sixty-five years.
(2) The Chief Justice shall hold office...
- Article 168 - Removal from office.
(1) A judge of a superior court may be removed from office only on the grounds of—
(a) inability to perform the functions of office arising from mental or physical incapacity;
(b) a breach of a...
- Article 169 - Subordinate courts.
(1) The subordinate courts are— (a) the Magistrates' courts;
(b) the Kadhis’ courts;
(c) the Courts Martial; and
(d) any other court or local tribunal as may be established by an Act of...
- Article 170 - Kadhis’ courts.
(1) There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.
(2) A person shall not be qualified to be appointed to...
- Article 171 - Establishment of the Judicial Service Commission.
1) There is established the Judicial Service Commission.
(2) The Commission shall consist of—
(a) the Chief Justice, who shall be the chairperson of the Commission;
(b) one Supreme Court judge...
- Article 172 - Functions of the Judicial Service Commission.
(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and...
- Article 173 - Judiciary Fund.
(1) There is established a fund to be known as the Judiciary Fund which shall be administered by the Chief Registrar of the Judiciary.
(2) The Fund shall be used for administrative expenses of the...
- Article 174 - Objects of devolution.
174. The objects of the devolution of government are—(a) to promote democratic and accountable exercise of power;
(b) to foster national unity by recognising diversity;
(c) to give powers of...
- Article 175 - Principles of devolved government.
175. County governments established under this Constitution shall reflect thefollowing principles—
(a) county governments shall be based on democratic principles and the separation of...
- Article 176 - County governments.
176. (1) There shall be a county government for each county, consisting of acounty assembly and a county executive.
(2) Every county government shall decentralise its functions and the provision of...
- Article 177 - Membership of county assembly.
(1) A county assembly consists of—
(a) members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of...
- Article 178 - Speaker of a county assembly.
1) Each county assembly shall have a speaker elected by the county assembly from among persons who are not members of the assembly.
(2) A sitting of the county assembly shall be presided over...
- Article 179 - County executive committees.
(1) The executive authority of the county is vested in, and exercised by, a county executive committee.
(2) The county executive committee consists of—
(a) the county governor and the deputy county...
- Article 180 - Election of county governor and deputy county governor.
(1) The county governor shall be directly elected by the voters registered in the county, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every...
- Article 181 - Removal of a county governor.
(1) A county governor may be removed from office on any of the following grounds—
(a) gross violation of this Constitution or any other law;
(b) where there are serious reasons for believing that...
- Article 182 - Vacancy in the office of county governor.
(1) The office of the county governor shall become vacant if the holder of the office—
(a) dies;
(b) resigns, in writing, addressed to the speaker of the county assembly;
(c) ceases to be eligible...
- Article 183 - Functions of county executive committees.
(1) A county executive committee shall— (a) implement county legislation;
(b) implement, within the county, national legislation to the extent that the legislation so requires;
(c) manage and...
- Article 184 - Urban areas and cities.
(1) National legislation shall provide for the governance and management of urban areas and cities and shall, in particular—
(a) establish criteria for classifying areas as urban areas and...
- Article 185 - Legislative authority of county assemblies.
(1) The legislative authority of a county is vested in, and exercised by, its county assembly.
(2) A county assembly may make any laws that are necessary for, or incidental to,the effective...
- Article 186 - Respective functions and powers of national and county governments.
1) Except as otherwise provided by this Constitution, the functions and powers of the national government and the county governments, respectively, are as set out in the Fourth Schedule.
(2) A...
- Article 187 - Transfer of functions and powers between levels of government.
(1) A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if—
(a) the function or power would be more effectively...
- Article 188 - Boundaries of counties.
(1) The boundaries of a county may be altered only by a resolution—
(a) recommended by an independent commission set up for that purpose by Parliament; and
(b) passed by—
(i) the National...
- Article 189 - Cooperation between national and county governments.
1) Government at either level shall—
(a) perform its functions, and exercise its powers, in a manner that respects the functional and institutional integrity of government at the other level, and...
- Article 190 - Support for county governments.
(1) Parliament shall by legislation ensure that county governments have adequate support to enable them to perform their functions.
(2) County governments shall operate financial management systems...
- Article 191 - Conflict of laws.
(1) This Article applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government.
(2) National legislation...
- Article 192 - Suspension of a county government.
(1) The President may suspend a county government— (a) in an emergency arising out of internal conflict or war; or (b) in any other exceptional circumstances.
(2) A county government shall not be...
- Article 193 - Qualifications for election as member of county assembly.
(1) Unless disqualified under clause (2), a person is eligible for election as a member of a county assembly if the person— (a) is registered as a voter;
(b) satisfies any educational, moral and...
- Article 194 - Vacation of office of member of county assembly.
(1) The office of a member of a county assembly becomes vacant— (a) if the member dies;
(b) if the member is absent from eight sittings of the assembly without permission, in writing, of the speaker...
- Article 195 - County assembly power to summon witnesses.
(1) A county assembly or any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information.
(2) For the purposes of clause (1), an...
- Article 196 - Public participation and county assembly powers, privileges and immunities.
(1) A county assembly shall—
(a) conduct its business in an open manner, and hold its sittings and those of its committees, in public; and
(b) facilitate public participation and involvement in...
- Article 197 - County assembly gender balance and diversity.
(1) Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender.
(2) Parliament shall enact legislation to—
(a) ensure that the...
- Article 198 - County government during transition.
While an election is being held to constitute a county assembly under this Chapter, the executive committee of the county, as last constituted remains competent to perform administrative functions...