Article 149 of the Kenyan Constitution speaks about the vacancy in the office of the Deputy President in Kenya.
The Deputy President in Kenya is elected on a single ticket with the President. He or she deputises the president and can act on behalf of the president in certain circumstances.
The vacancy in the Office of the Deputy President in Kenya occurs if the Deputy President:
- on the ground of physical or mental incapacity to perform the functions of the office; or
- on impeachment-
- on the ground of a gross violation of a provision of the Constitution or any other law;
- where there are serious reasons to believe that the Deputy President has committed a crime under national or international law; or
- for gross misconduct.
Within fourteen days after a vacancy in the office of Deputy President arises, the President should nominate a person to fill the vacancy. The National Assembly should vote on the nomination within sixty days after receiving it.
The vote by the National Assembly is to determine whether to approve or reject the nomination for the position of the Deputy President.
If a person assumes office as Deputy President as above then, the person shall be deemed-
- to have served a full term as Deputy President 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 for the presidency; or
- not to have served a term of office as Deputy President, in any other case.
A person who assumes the office of the Deputy President as above shall unless otherwise removed from office under the Constitution, hold office until the next election.
A Deputy President can serve for two consecutive terms of five years only.