Constitution of Kenya, 2010 (6) If more than one candidate receives the greatest number of votes, clause (5) (b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5) (a). (7) The candidate who receives the most votes in the fresh election shall be declared elected as President. (8) A presidential election shall be cancelled and a new election held if— (a) no person has been nominated as a candidate before the expiry of the period set for the delivery of nominations; (b) a candidate for election as President or Deputy President dies on or before the scheduled election date; or (c) a candidate who would have been entitled to be declared elected as President, dies before being declared elected as President. (9) A new presidential election under clause (8) shall be held within sixty days after the date set for the previous presidential election. (10) Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall— (a) declare the result of the election; and (b) deliver a written notification of the result to the Chief Justice and the incumbent President. Death before assuming office. 139. (1) If a President-elect dies after being declared elected as President, but before assuming office— (a) the Deputy President-elect shall be sworn in as acting President on the date on which the President-elect would otherwise have been sworn-in; and (b) a fresh election to the office of President shall be held within sixty days after the death of the President-elect. (2) 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 the President. (3) If both the persons declared elected as the President and the 81