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Kenya Constitution Does Not Provide For Any Presidential Election in 90 Days

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Kenya Constitution continues to lift Kenya high up. Kenya Constitution continues to lift Kenya high up.

Kenya Constitution sets various days when a presidential election can occur. Elections result from the Kenya Constitution 1. (1) “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. (2) The people may exercise their sovereign power either directly or through their democratically elected representatives.” The following are the dates of Kenya Presidential Election. There is no provision in the Kenya Constitution of 90 days.

Kenya Constitution 136. Second Tuesday in August Every 5 years.

136.(1) The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and any Act of Parliament regulating presidential elections.

136 (2) An election of the President shall be held–– (a) on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; or (b) in the circumstances contemplated in Article 146.

137. (1) A person qualifies for nomination as a presidential candidate if the person— (a) is a citizen by birth; (b) is qualified to stand for election as a member of Parliament; (c) is nominated by a political party, or is an independent candidate; and (d) is nominated by not fewer than two thousand voters from each of a majority of the counties. (2) A person is not qualified for nomination as a presidential candidate if the person— (a) owes allegiance to a foreign state; or (b) is a public officer, or is acting in any State or other public office. (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, that candidate shall be declared elected. (2) If two or more candidates for President are nominated, an election shall be held in each constituency. (3) In a presidential election—(a) all persons registered as voters for the purposes of parliamentary elections are entitled to vote; (b) the poll shall be taken by secret ballot on the day specified in Article 101 (1) at the time, in the places and in the manner 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.

Ref. 101. (1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.

Kenya Constitution 138 (5.) Run-off Election (30 Days)

138 (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.

Kenya Constitution 138 (8- 9) Cancellation (60 days)

138 (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.

Kenya Constitution 139 (1 & 3.) Death (60 Days)

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. (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.

Kenya Constitution 140 Invalidation Election (60 Days)

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.

Kenya Constitution 146 Vacancy (60 days)

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.

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