The Constitution of Kenya, 2010

Chapter Eight · The Legislature

Article 103

Art.103

Vacation of office of member of Parliament

(1)The office of a member of Parliament becomes vacant—

(a)if the member dies;

(b)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;

(c)if the member is otherwise removed from office under this Constitution or legislation enacted under Article 80;

(d)if the member resigns from Parliament in writing to the Speaker;

(e)if, having been elected to Parliament—

(i)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

(ii)as an independent candidate, the member joins a political party;

(f)at the end of the term of the relevant House; or

(g)if the member becomes disqualified for election to Parliament under Article 99 (2) (d) to (h).

(3)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.

Read it in Chapter Eight →

Text: Laws of Kenya: The Constitution of Kenya, 2010. Published by the National Council for Law Reporting (Kenya Law) with the Authority of the Attorney-General.

This is a reading aid, not legal advice. For a legal question, speak to an advocate. Spotted an error? Report a correction