The President of Kenya

      Comments Off on The President of Kenya

The Presidency is the highest office in the land.  The President of Kenya is the:

  1. Head of State
  2. Head of Government
  3. Commander-in-chief of the Kenya Defence Forces

The President leads the Executive branch of the Government of Kenya and the official residence of the President is at State House, Nairobi.

Brief Facts

Official Residence: State House, Nairobi

Appointer: Direct Popular Votes

Salary: Ksh16.2 million annually

List of heads of state of Kenya

This is a list of the heads of state of Kenya, from independence in 1963 to present day.

From 1963 to 1964 the head of state was the Queen of Kenya, Elizabeth II. She was the Monarch of the United Kingdom and other Commonwealth realms.

The Queen was represented in Kenya by a Governor-General. Kenya became a republic under a 1964 constitutional amendment and the Monarch, Governor-General and Prime Minister were replaced by a President.

President of Kenya

Under the 1964 Constitutional Amendment establishing Kenya as a Republic, the President replaced the Monarch as head of state and the Prime Minister as Chief Executive.

The President was initially elected by Parliament for a five-year term. In the event of a vacancy, the Vice-President would have served as Acting President for 90 days until new elections were held.

Following the enactment of the 1969 Constitution of Kenya, the system of election by Parliament was replaced by direct elections.

The President had to also be elected as an MP and he had to appoint his Ministers from among MPs. The President was still able to dissolve the National Assembly, and the Assembly was still able to declare no confidence in the ministers.

With the enactment of the 2010 Constitution, Kenya’s current, the first-past-the-post system was replaced in presidential elections in favour of a two-round system.

Also, the requirement of the President, DP, and ministers to also be MPs was abolished, finally establishing separation of powers between the executive and legislature.

Functions of the President of Kenya-Article 132

(1) The President shall–

(a) address the opening of each newly elected Parliament;
(b) address a special sitting of Parliament once every year and may address Parliament at any other time; and
(c) once every year–

(i) report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in Article 10;
(ii) publish in the Gazette the details of the measures and progress under sub-paragraph (i); and
(iii) submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.

(2) The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss —

(a) the Cabinet Secretaries, in accordance with Article 152;
(b) the Attorney-General, in accordance with Article 156;
(c) the Secretary to the Cabinet in accordance with Article 154;
(d) Principal Secretaries in accordance with Article 155; high commissioners, ambassadors and diplomatic and
(e) consular representatives; and
(f) in accordance with this Constitution, any other State or public officer whom this Constitution requires or empowers the President to appoint or dismiss.

(3) The President shall–

(a) chair Cabinet meetings;
(b) direct and co-ordinate the functions of ministries and government departments; and
(c) by a decision published in the Gazette, assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, to the extent not inconsistent with any Act of Parliament.

(4) The President may–

(a) perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission;
(b) receive foreign diplomatic and consular representatives;
(c) confer honours in the name of the people and the Republic;
(d) subject to Article 58, declare a state of emergency; and
(e) with the approval of Parliament, declare war.

(5) The President shall ensure that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.

Authority of the President of Kenya-Article 131

(1) The President–

(a) is the Head of State and Government;
(b) exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries;
(c) is the Commander-in-Chief of the Kenya Defence Forces;
(d) is the chairperson of the National Security Council; and
(e) is a symbol of national unity.

(2) The President shall–

(a) respect, uphold and safeguard this Constitution;
(b) safeguard the sovereignty of the Republic;
(c) promote and enhance the unity of the nation;
(d) promote respect for the diversity of the people and communities of Kenya; and
(e) ensure the protection of human rights and fundamental freedoms and the rule of law.

(3) The President shall not hold any other State or public office.

Qualifications to vie for the Presidency in Kenya

To qualify as a candidate to vie for the presidency in Kenya, you must:

  • be a Kenyan citizen by birth;
  • not hold dual citizenship;
  • not owe allegiance to a foreign state;
  • be qualified to stand for election as a member of Parliament;
  • be a registered voter;
  • must be a holder of a degree from a university recognized in Kenya;
  • must be nominated by a political party or stand as an independent candidate.

Requirements for vying for the Presidency in Kenya:

The Candidate must submit the following documents to the Commission during the Commission Nomination:

1. Certified copies of educational qualification certificates, including a Degree Certificate in accordance with Section 22 of the Elections Act, 2011 and Regulation 47 of Elections (General) Regulations, 2012.

2. A copy of a National Identity Card/valid

Passport (the document used by the candidate to register as a voter).

3. A Passport size photograph with white background submitted in hard and soft copy.

4. If a Party Candidate, a Nomination Certificate from a fully registered Political Party nominating the candidate, duly dated and signed by an authorized official of the party.

5. A duly signed and dated Code of Conduct (Second Schedule of the Elections Act, 2011)

6. A duly filled Commission Nomination Form, including:

(a) An original Statutory Declaration Form for purposes of nomination (Regulation 18(3) Elections (General) Regulations, 2012 and an original Self-Declaration Form (Regulation 46 of Elections (General) Regulations, 2012)

(b) For both Political Party Candidates and Independent Candidates, an electronic and printed copy of not fewer than 2000 voters from each of the majority of the counties in the prescribed form.