The Constitution of Kenya, 2010

Chapter Eleven · Devolved Government

Article 194

Art.194

Vacation of office of member of county assembly

(1)The office of a member of a county assembly becomes vacant—

(a)if the member dies;

(b)if the member is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly, and is unable to offer satisfactory explanation for the absence;

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

(d)if the member resigns in writing addressed to the speaker of the assembly;

(e)if, having been elected to the assembly—

(i)as a member of a political party, the member resigns from the 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 assembly; or

(g)if the member becomes disqualified for election on grounds specified in Article 193 (2).

(2)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.

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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.

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