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–
- 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 governor-elect dies after being declared elected as governor, but before assuming office, or is unable to assume office for whatever reason—
- the deputy governor-elect should be sworn in as acting governor on the date on which the governor-elect would otherwise have been sworn-in; and
- a fresh election to the office of the governor should be held within sixty
- days after the death of the governor-elect.
If a vacancy occurs in the office of county governor in Kenya, the deputy county governor should 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.
An election to the office of county governor should 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.
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