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Vacancy in the Office of the County Governor in Kenya

Vacancy in the Office of the County Governor in Kenya

Article 182 of the Kenyan constitution speaks about the vacancy in the office of the county governor in Kenya. The office of the county governor shall become vacant if the holder of the office–

  • dies;
  • resigns, in writing, addressed to the Speaker of the County Assembly;
  • ceases to be eligible to be elected county governor under Article 180(2) (to be eligible for election as a county governor, a person must be eligible for election as a Member of the County Assembly);
  • is convicted of an offence punishable by imprisonment for at least twelve months, or
  • is removed from office under the Constitution.

If a vacancy occurs in the office of county governor in Kenya, the deputy county governor shall assume office as county governor for the remainder of the term of the county governor.

If the deputy governor assumes office as county governor as above, he or she is deemed-

  • to have served a full term as county governor if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election; or
  • not to have served a term of office as county governor, in any other case.

If a vacancy occurs in the office of county governor in Kenya and that of deputy county governor, or if the deputy county governor is unable to act, the speaker of the county assembly should act as county governor.

If a vacancy occurs in the circumstances contemplated above, an election to the office of county governor shall be held within sixty days after the speaker assumes the office of the county governor.

A person who assumes the office of county governor under Article 182 shall unless otherwise removed from office under the Constitution, hold office until the newly elected county governor assumes office following the next election.

George Githinji
About George Githinji

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