What happens if a presidential candidate dies?

As the race for the presidency hots up, the death of one or more of the 17 presidential candidates – in as much as nobody would wish it happens – is indeed a possibility.

The 2010 Constitution, in recognising this possibility, lists in Article 38(8)(b) death of a candidate for election as President or Deputy President on or before the scheduled election date as one of the reasons that would lead to cancellation of the presidential election.

Expiry of the period

The second situation that can lead to cancellation of an already planned presidential election is when no person is nominated as a candidate at the expiry of the period set for the delivery of nominations. This is already out of question as we have more than enough presidential candidates as at now.

The third and the last situation that would lead to cancellation of the elections is when a candidate who would have been entitled to be declared elected as President dies before being declared elected as President.

Once the already planned presidential election is cancelled due to one or more of the three circumstances, a new presidential election shall be held within 60 days after the date set for the previous presidential election, so states the Constitution.

Other electoral offices

This is means that in the case of Kenya’s elections, the other electoral offices shall not be affected by the cancellation of the presidential elections.

Since the Constitution recognises the incumbent until such a time a new president is sworn in, he/she remains in office until a new president is sworn in.

Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission (IEBC) shall then declare the result of the election; and deliver a written notification of the result to the Chief Justice and the incumbent President.

If both the persons declared elected as the President and the Deputy President die before assuming office, then the Speaker of the National Assembly shall act as President from the date on which the President-elect would otherwise have been sworn-in.

A fresh presidential election shall be conducted within 60 days after the second death.

However, if a President-elect dies after being declared elected as President, but before assuming office, the Deputy President-elect shall be sworn in as acting President on the date on which the President-elect would otherwise have been sworn-in.

Fresh election

A fresh election to the Office of the President shall be held within 60 days after the death of the President-elect.

If the Deputy President-elect dies before assuming office, the office of the Deputy President shall be declared vacant on the assumption of office by the person declared elected as the President.

The easiest way to presidency though, as it was in the previous constitutions, is a case where only one candidate for President is nominated. In that case that candidate shall be declared elected.

kogutu@standardmedia.co.ke