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CHAPTER EIGHT

THE LEGISLATURE

Part 2–Composition and membership of Parliament

97-

Membership of the National Assembly

  1. The National Assembly consists of–

    1. two hundred and ninety members, each elected by the registered voters of single member constituencies;

    2. forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;

    3. twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and

    4. the Speaker, who is an ex officio member.

  2. Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a).

98-

Membership of the Senate


  1. The Senate consists of–
    1. forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;

    2. sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90; {Allocation of party list seats}

    3. two members, being one man and one woman, representing the youth;

    4. two members, being one man and one woman, representing persons with disabilities; and

    5. the Speaker, who shall be an ex officio member.

  2. The members referred to in clause (1) (c) and (d) shall be elected in accordance with Article 90. {Allocation of party list seats}

  3. Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a).

99-

Qualifications and disqualifications for election as member of Parliament

  1. Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person–

    1. is registered as a voter;

    2. satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and

    3. is nominated by a political party, or is an independent candidate who is supported––

      1. in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or

      2. in the case of election to the Senate, by at least two thousand registered voters in the county.

  2. A person is disqualified from being elected a member of Parliament if the person–

    1. is a State officer or other public officer, other than a member of Parliament;

    2. has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission;

    3. has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;

    4. is a member of a county assembly;

    5. is of unsound mind;

    6. is an undischarged bankrupt;

    7. is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or

    8. is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six. {leadership and integrity}

  3. A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.

100-

Promotion of representation of marginalised groups

  1. Parliament shall enact legislation to promote the representation in Parliament of–

    1. women;

    2. persons with disabilities;

    3. youth;

    4. ethnic and other minorities; and

    5. marginalised communities.

101-

Election of members of Parliament

  1. A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.

  2. Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97 {Membership of the National Assembly} (1) (c), or of the Senate under Article 98 {Membership of the Senate}(1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to–

    1. the Independent Electoral and Boundaries Commission; and

    2. the political party on whose party list the member was elected or nominated.

  3. A vacancy referred to in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker.

  4. Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97 {Membership of the National Assembly} (1) (a) or (b), or of the Senate elected under Article 98 {Membership of the Senate}(1) (a)–

    1. the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the Independent Electoral and Boundaries Commission; and

    2. a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5).

  5. A vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election.

102-

Term of Parliament

  1. The term of each House of Parliament expires on the date of the next general election.

  2. When Kenya is at war, Parliament may, by resolution supported in each House by at least two-thirds of all the members of the House, from time to time extend the term of Parliament by not more than six months at a time.

  3. The term of Parliament shall not be extended under clause (2) for a total of more than twelve months.

103-

Vacation of office of member of Parliament

  1. The office of a member of Parliament becomes vacant–

    1. if the member dies;

    2. if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee;

    3. if the member is otherwise removed from office under this Constitution or legislation enacted under Article 80;

    4. if the member resigns from Parliament in writing to the Speaker;

    5. if, having been elected to Parliament––

      1. as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or

      2. as an independent candidate, the member joins a political party;

    6. at the end of the term of the relevant House; or

    7. if the member becomes disqualified for election to Parliament under Article 99 {Qualifications and disqualifications for election as member of Parliament}(2) (d) to (h).

  1. Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1) (e), to have resigned from the party.

104-

Right of recall

  1. The electorate under Articles 97 {Membership of the National Assembly}and 98 {Membership of the Senate}have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.

  2. Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed.

105-

Determination of questions of membership

  1. The High Court shall hear and determine any question whether–

    1. a person has been validly elected as a member of Parliament; or

    2. the seat of a member has become vacant.

  2. A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.

  3. Parliament shall enact legislation to give full effect to this Article.


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