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Constitution of Kenya, 2010
Deputy President die before assuming office—
(a) the Speaker of the National Assembly shall act as President
from the date on which the President-elect would otherwise
have been sworn-in; and
(b) a fresh presidential election shall be conducted within sixty
days after the second death.
Questions as to validity of presidential election.
140. (1) A person may file a petition in the Supreme Court to
challenge the election of the President-elect within seven days after
the date of the declaration of the results of the presidential election.
(2) Within fourteen days after the filing of a petition under clause
(1), the Supreme Court shall hear and determine the petition and its
decision shall be final.
(3) If the Supreme Court determines the election of the Presidentelect to be invalid, a fresh election shall be held within sixty days after
the determination.
Assumption of office of President.
141. (1) The swearing in of the President-elect shall be in public
before the Chief Justice, or, in the absence of the Chief Justice, the
Deputy Chief Justice.
(2) The President-elect shall be sworn in on the first Tuesday
following—
(a) the fourteenth day after the date of the declaration of the
result of the presidential election, if no petition has been filed
under Article 140; or
(b) the seventh day following the date on which the court renders
a decision declaring the election to be valid, if any petition
has been filed under Article 140.
(3) The President-elect assumes office by taking and subscribing
the oath or affirmation of allegiance, and the oath or affirmation for the
execution of the functions of office, as prescribed in the Third
Schedule.
(4) Parliament shall by legislation provide for the procedure and
ceremony for the swearing-in of a President-elect.
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