Section 42, The Public Elections Act, 2022

(1) There shall be a presidential election to fill a vacancyoccurring in the office of the President under subsection (1) of section 49 of the Constitution. (2) The vacancy to be filled by a presidential election shall be declared by the Electoral Commission by proclamation made after consultation with the President. (3) Where the vacancy in the office of President occurs - (a) in any of the circumstances referred to in paragraph (a) of subsection (1) of section 49 of the Constitution, a period during which the presidential election shall be held shall be determined by the Commission in accordance with section 43 of the Constitution; and (b) in any other case, the Electoral Commission, may in the proclamation referred to in subsection (2), fix the actual date of the election, such date not being earlier than 30 days and not later than 90 days before the day appointed for voting in the elections.