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{
    "id": 577581,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/577581/?format=api",
    "text_counter": 31,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "It should not escape our minds that the current President was sworn into Office on 9th April 2013. A reading of this provision does not, therefore, expressly state what the term of Office of the President is. Further, a reading of the interpretation clause of the Constitution under Article 260 does not also answer the fundamental question of what is really the term of Office of the President as that explanation is not included in the definitions. However, a quick perusal of the Constitution and in particular Articles 136(2)(a), 146(4)(a) and 177(1)(a) and (4) is, perhaps, the closest one would get in determining, or rather construing, what is the term of office of the President. Article 136(2)(a) provides that an election of the President shall be held on the same day as a general election of the Members of Parliament, being the second Tuesday in August of every fifth year. This provision seems to suggest that the term of Office of the President is five years but, Hon. Members, mark my words “seems to suggest.” Further, Article 146(4)(a) provides that if the Deputy President (DP) assumes office where there is a vacancy in the Office of the President, such a person shall be deemed to have served for a full term as a President if at the date which the person assumed office, more than two and half years remain before the date of the next regular scheduled general election. Reference to the period of two and half years, which connotes a full half of a term of five years, seems to solidify the provisions of Article 136 that the term of Office of the President, indeed, could be five years. Article 177(1)(a) and (4) and Article 180(1), as read together with Article 136, also indicate that the term of office of the President is five years, as it provides that the term of a county assembly is five years. Indeed, it is fair to remind ourselves that Members of County Assemblies (MCAs) are elected on the same day as a general election for the Members of Parliament, being the second Tuesday in August of every fifth year. It is the same day which is already discussed as the day the President is also elected. Having looked at the Constitution, it will follow that the Bill by Hon. David Ochieng,’ which seeks to change the election date to provide that general elections shall be held on the third Monday of December in the fifth year, may not be one that has the effect of extending the term of office of the President, since under the provisions of the Bill elections would still be held within the fifth year."
}