You are here: Home Constitution of Kenya Chapter Nine - The Executive Part 2. The President and Deputy President 134. Exercise of presidential powers during temporary incumbency

Constitution of Kenya

134. Exercise of presidential powers during temporary incumbency

(1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President -

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or
(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3), may not exercise the powers of the President specified in clause (2).

(2) The powers referred to in clause (1) are--

(a) the nomination or appointment of the judges of the superior courts;
(b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;
(c) the nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers;
(d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;
(e) the power of mercy; and
(f) the authority to confer honours in the name of the people and the Republic.

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