7 of 1982 s.3, 12 of 1991,s.3,6 of 1992,s.3  

5. (1) The President shall be elected in accordance with this Chapter and subject thereto, with any Act of Parliament regulating the election of a President.

(2) A person shall be qualified to be nominated for election as President if, and shall not be so qualified unless, he -

(a) is a citizen of Kenya; and

(b) has attained the age of thirty-five years; and

(c) is registered in some constituency as a voter in elections to the National Assembly.

(3) Whenever Parliament is dissolved, an election of a President shall be held at the ensuing general election, and at that election -

(a) each political party taking part in the general election shall nominate one candidate for President in such manner as may be prescribed by or under an Act of Parliament;

(b) the nomination of a candidate for President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than one thousand persons registered as voters in elections to the National Assembly;

(c) where only one candidate for President is validly nominated, and that candidate is elected as a member of the National Assembly, he shall be declared to be elected as President;

(d) where more than one candidate for President is validly nominated, a poll shall be taken in each constituency for the election of a President (whether or not a poll is required to be taken for an election to the National Assembly in that constituency);

(e) in every constituency in which a poll is required to be taken both for the election of a President and for the election of a member of the National Assembly separate polls shall be taken;

(f) the candidate for President who is elected as a member of the National Assembly and who receives a greater number of valid votes cast in the presidential election than any other candidate for President and who, in addition, receives a minimum of twenty-five per cent of the valid votes cast in at least five of the eight provinces shall be declared to be elected as President.

(4) A fresh election of a President shall be commenced and held in the manner prescribed by subsection (5) where -

(a) no candidate for President has been validly nominated before the expiration of the time for the delivery of nominations in a presidential election;

(b) a candidate for President who is validly nominated dies on or before any of the days on which the poll is taken in a presidential election;

(c) a candidate for President, who would but for his death have been entitled to be declared elected as President under this section, dies after the taking of the poll has begun in the presidential election and before he has been declared elected as President;

(d) no candidate is duly elected in accordance with this section:

       Provided that where a fresh election is held pursuant to paragraph (d) of this subsection, the only candidates shall be -

(i) the candidate who scored the highest number of votes at the election; and

(ii) one among the remaining candidates who has the highest total of votes cast at the election

(5) In the election of a President otherwise than at a general election -

(a) every candidate for President shall be nominated by a political party in the manner prescribed by or under an Act of Parliament from amongst the elected members of the National Assembly.

(b) the nomination of a candidate for President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than one thousand persons registered as voters in elections to the National Assembly;

(c) where only one candidate for President is validly nominated he shall be declared to be elected as President;

(d) where more than one candidate for President is validly nominated, a poll shall be taken in each constituency for the election of a President;

(e) the candidate for President who receives a greater number of valid votes cast in the presidential election than any other candidate and who, in addition, receives a minimum of twenty-five per cent of the votes cast in at least five of the eight provinces shall be declared to be elected as President.