In the past few days, the country has been embroiled in a heated debate over the country’s top position following Nairobi Senator Mike Sonko’s move to declare himself the acting President of the Republic of Kenya.
The debate has been ongoing with legal experts giving varying opinions about Sonko’s remarks and what punishment he should be subjected to if found guilty of any offence.
With the current political quagmire and exchanges prompted by Sonko’s declaration,Kenyans.co.ke has delved into the matter to enlighten you on some of the incidents when the Presidency can legally shift to different individuals and who these persons are.
As per the Constitution, the Deputy President takes over leadership in case the Head of State is not available to execute his duties.
In the case of an eventuality that could render the Deputy President unable to carry out his mandate, the Constitution states the Presidency should shift to the Speaker of the National Assembly.
Though chances of having all the two unavailable to take the mantle of leading the country are less, the law further provides a list of others who can act as the President in terms of the laid down power hierarchy.
A legal expert divulged that in absentia of the three, the office of the President can also be occupied by Speaker of the Senate.
Further to that, the Presidency can also be held by the Chief Justice in case all those previously mentioned are unavailable.
According to the law, situations which could lead to a vacancy in the highest office in the land include; if the President dies, resigns in writing, is declared incapable of ruling or is impeached by Parliament.
If the stated officers hold the office in such eventualities, a Presidential election should be held within 60 days.
