In Summary
  • However, the demise of a presidential candidate (s) or their deputy (ies), in the event it occur (s) will not affect other elective seats.
  • The 44 presidential aspirants seek to be cleared by the Independent Electoral and Boundaries Commission, in the exercise that begins on Sunday, May 29 to June 7.
Parliament Buildings
LEGISLATIVE HOUSES: Parliament Buildings
Image: FILE

The presidential election set for August 9 would be postponed if an aspirant or their running mate dies, after being cleared by the IEBC.

The 44 presidential aspirants seek to be cleared by the Independent Electoral and Boundaries Commission, in the exercise that begins on Sunday, May 29 to June 7.

Article 138 (8) of the constitution stipulates, “A presidential election shall be cancelled and a new election held if a candidate for election as president or deputy president dies, on or before the scheduled election date."

The constitution stipulates that the presidential election will be postponed by 60 days.

The constitutional provision will pose a headache to the government, which will have to provide round the clock state security to all those cleared to run for the country’s top seat.

Each candidate will have to be provided with bodyguard (s) and their homes manned with state security, to secure them from any threat that may endanger their lives.

The provision also provides that the poll will be cancelled if a candidate who would have been entitled to be declared elected as president, dies before being declared elected.

The constitution also states that the election will be cancelled and a new one held, if no person has been nominated by the commission before the expiry of the period set for the delivery of the nominations.

However, the demise of a presidential candidate (s) or their deputy (ies), in the event it occur (s) will not affect other elective seats. These include governor, senator, Woman Representative, member of the National Assembly and Member of County Assembly.

Further, the country’s supreme law stipulates that if a president-elect dies after being declared president, but before assuming office, the deputy president elect shall be sworn in as acting president.

The deputy shall be sworn in on the date, which the president elect would have otherwise been sworn in.

“If the deputy president-elect dies before assuming office. The office of the deputy president shall be declared vacant on the assumption of office, by the person declared elected as president,” the constitution reads.

If both persons declared elected as president and deputy president die before assuming office, the Speaker of the National Assembly shall act as president.

The speaker will assume office from the date, which the president-elect would otherwise have been sworn-in.

A fresh presidential election shall be conducted within 60 days after the second death.

(Edited by Bilha Makokha)

“WATCH: The latest videos from the Star”