CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME
10. Determination of questions as to validity of president elections, etc.
Term of office of President. Exercise of President's functions during absence, illness, etc.
Determination of questions as to validity of presidential elections, etc. 

10.  (1) Subject to this section, section 44 shall apply to the hearing and determination of a question whether a person has been validly elected as President, as it applies to the hearing and determination of a question whether a person has been validly elected as a member of the National Assembly.

(2) Where a person applies to the High Court for the determination of more than one of the following questions, namely, whether the President was qualified to be nominated for election as President, or was validly elected as President, or was validly elected as a member of the National Assembly, he shall make one application only to the High Court.

(3) Where at any time the High Court determines under section 44 that the President has not been validly elected as a member of the National Assembly, or that the seat in the Assembly of the President has become vacant, the High Court shall declare the seat in the Assembly of the President to be vacant, and -

(a) an election shall be commenced forthwith and shall be held in the constituency for which the President stood for election as a member of the Assembly; and

(b) if the President is not elected as a member of the Assembly at that election, he shall cease to hold office as President upon the expiration of the time allowed by law for the making of an application to the High Court under section 44 in respect of that election, or, where such an application is made by him or by the Attorney-General, upon the High Court determining that the person declared to be elected at that election has been validly elected:

Provided that -

(i) if the High Court determines, in relation to an election held pursuant to paragraph (a) at which a person other than the President has been declared to be elected, that that person has not been validly elected, the High Court shall declare the seat to be vacant and a further election shall be held pursuant to paragraph (b) and this proviso shall apply accordingly;

(ii) notwithstanding that his seat in the Assembly has been declared to be vacant, the President shall be entitled to sit as a member of the Assembly and to exercise all the powers and privileges of an elected member of the Assembly until he ceases to hold office as President.

(4) Where the High Court determines under section 44 that the President has not been validly elected as President for any reason other than that he has not been validly elected as a member of the National Assembly or that the seat in the Assembly of the President has become vacant, he shall cease to hold office as President.

 About eKLR      |   Privacy Policy & Disclaimer   
© Copyright 2004 - 2011