Constitution of Kenya

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.

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