Chapter 9: THE EXECUTIVEPart 2 — THE PRESIDENT AND DEPUTY PRESIDENT

Article 146. Vacancy in the office of President

Navigate this chapter (30 articles)

• 129. Principles of executive authority
• 130. The National Executive
• 131. Authority of the President
• 132. Functions of the President
• 133. Power of mercy
• 134. Exercise of presidential powers during temporary incumbency
• 135. Decisions of the President
• 136. Election of the President
• 137. Qualifications and disqualifications for election as President
• 138. Procedure at presidential election
• 139. Death before assuming office
• 140. Questions as to validity of presidential election
• 141. Assumption of office of President
• 142. Term of office of President
• 143. Protection from legal proceedings
• 144. Removal of President on grounds of incapacity
• 145. Removal of President by impeachment
• 146. Vacancy in the office of President (current)
• 147. Functions of the Deputy President
• 148. Election and swearing in of Deputy President
• 149. Vacancy in the office of Deputy President
• 150. Removal of Deputy President
• 151. Remuneration and benefits of President and Deputy President
• 152. Cabinet
• 153. Decisions, responsibility and accountability of the Cabinet
• 154. Secretary to the Cabinet
• 155. Principal Secretaries
• 156. Attorney-General
• 157. Director of Public Prosecutions
• 158. Removal and resignation of Director of Public Prosecutions

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In this Chapter

Official Constitutional Text

146. (1) The office of President shall become vacant if the holder of the office—

(a) dies;

(b) resigns, in writing, addressed to the Speaker of the National Assembly; or

(c) otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution.

(2) When a vacancy occurs in the office of President—

(a) the Deputy President shall assume office as President for the remainder of the term of the President; or

(b) if the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President and an election to the office of President shall be held within sixty days after the vacancy arose in the office of President.

(3) A person who assumes the office of President under clause (2) (a), or following an election required by clause (2) (b), shall, unless otherwise removed from office under this Constitution, hold office until a newly elected President is sworn in following the next regularly scheduled election under Article 136 (2) (a).

(4) If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)—

(a) to have served a full term as 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 under Article 136 (2) (a); or

(b) not to have served a term of office as President, in any other case.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 146 explains what happens when a sitting President leaves office early and how their replacement is chosen. A vacancy happens if the President dies, resigns in writing to the Speaker of the National Assembly, or is removed due to illness or impeachment. If the President leaves, the Deputy President takes over immediately to finish the remaining term. If there is no Deputy President available, the Speaker of the National Assembly becomes the Acting President, and a new presidential election must be held within 60 days. Finally, if the replacement leader takes over with more than two and a half years left before the next regular election, it counts as a full term toward their two-term lifetime limit; if less time remains, it does not count against their limit.