|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|6. Vacancy in office of President.|
|Election of President.||Assumption of office of President.|
|Vacancy in office of President.||
6. (1) If the office of President becomes vacant by reason of the death or resignation of the President, or by reason of his ceasing to hold office by virtue of section 10 or section 12, an election of a President shall be held within the period of ninety days immediately following the occurrence of that vacancy, and shall be held in the manner prescribed by section 5 (5).
(2) While the office of President is vacant as aforesaid, the functions of that office shall be exercised -
(a) by the Vice-President; or
(b) if there is no Vice-President, or if the Vice-President considers that he is for any reason unable to discharge the functions of the office of President, by such Minister as may be appointed by the Cabinet.
(3) Where the Vice-President or any other Minister is exercising the functions of the office of President by virtue of this section or of section 11, he shall not act, except in accordance with a resolution of the Cabinet, in the exercise of the powers relating to -
(a) the preservation of public security under section 85, or under Part III of the Preservation of Public Security Act;
(b) the prorogation and dissolution of Parliament under subsections (1) and (3) of section 59;
(c) the appointment and removal of Ministers and Assistant Ministers under sections 16 and 19;
(d) the assignment of responsibility to a Minister under section 18; or
(e) the giving of consent to a Minister or Assistant Minister absenting himself from Kenya under section 20.