Article 182 of the Kenyan Constitution delineates the process for dealing with a vacancy in the county governor’s office. The position becomes vacant upon the incumbent’s death, resignation (submitted in writing to the County Assembly’s Speaker), loss of eligibility for election as per Article 180(2), conviction of a crime leading to imprisonment for at least a year, or constitutional removal.
In the event of a governor-elect’s death post-election but pre-inauguration, or if the governor-elect is otherwise unable to commence duties, the deputy governor-elect is inaugurated as acting governor on the intended swearing-in date, with a new governor’s election occurring within sixty days.
Should the county governor’s office become vacant, the deputy governor will complete the remaining gubernatorial term. If the deputy governor steps into the governor’s role with over two and a half years until the next scheduled election, it is considered a full term served as governor. Otherwise, it is not considered a full gubernatorial term.
If both the governor and deputy governor positions are vacant, or the deputy is incapacitated, the county assembly’s speaker temporarily fulfills the governor’s duties, with a new governor election mandated within sixty days of the speaker’s assumption of the role.
Whoever occupies the governor’s office under these circumstances remains until a successor is duly elected and inaugurated following the subsequent electoral process.
