Constitution of Kenya, 2010
184
(b) any function or power that is required to be performed or
exercised by both Houses, acting jointly or one after the
other, shall be performed or exercised by the National
Assembly.
(2) Any function or power of the Senate shall, if performed or
exercised by the National Assembly before the date contemplated in
subsection (1), be deemed to have been duly performed or exercised
by the Senate.
The Executive.
12. (1) The persons occupying the offices of President and Prime
Minister immediately before the effective date shall continue to serve
as President and Prime Minister respectively, in accordance with the
former Constitution and the National Accord and Reconciliation Act,
2008 until the first general elections held under this Constitution,
unless they vacate office in terms of the former Constitution and the
Accord.
(2) The persons occupying the offices of Vice-President and
Deputy Prime Minister or holding a position in the Cabinet or as an
Assistant Minister immediately before the effective date shall continue
to serve in accordance with the former Constitution until the first
general elections held under this Constitution unless they vacate or
are removed from office in accordance with the former Constitution
and the National Accord and Reconciliation Act.
(3) A person who was elected President before the effective date
is not eligible to stand for election as President under this Constitution.
Oath of allegiance to this Constitution.
13. On the effective date, the President and any State officer or
other person who had, before the effective date, taken and subscribed
an oath or affirmation of office under the former Constitution, or who is
required to take and subscribe an oath or affirmation of office under
this Constitution, shall take and subscribe the appropriate oath or
affirmation under this Constitution.
PART 4—DEVOLVED GOVERNMENT
Operation of provisions relating to devolved government.
14. (1) The laws contemplated in section 2 (3) (b) and section 15
may be enacted only after the Commission on the Implementation of
the Constitution and, if it has been established, the Commission on
Revenue Allocation, have been consulted and any recommendations
of the Commissions have been considered by Parliament.
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