Kenyan Constitution: Chapter Eight, Part 2, Article 97 to 99

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The Legislature

Composition and membership of Parliament

Article 97: Membership of the National Assembly

(1) The National Assembly consists of–

(a) two hundred and ninety members, each elected by the registered voters of single member constituencies;
(b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;
(c) 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
(d) 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).

Article 98: Membership of the Senate

(1) The Senate consists of–

(a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;
(b) 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;
(c) two members, being one man and one woman, representing the youth;
(d) two members, being one man and one woman, representing persons with disabilities; and
(e) 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.
(3) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a).

Article 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

(a) is registered as a voter;
(b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and
(c) is nominated by a political party, or is an independent candidate who is supported–

(i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or
(ii) 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–

(a) is a State officer or other public officer, other than a member of Parliament;
(b) 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;
(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;
(d) is a member of a county assembly;
(e) is of unsound mind;
(f) is an undischarged bankrupt;
(g) 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
(h) 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.

(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.

Read: Kenyan Constitution: Chapter Eight, Part 1, Article 93 to 96

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Juma Fred

Juma Fredrick is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it.You can reach him on: (020) 528 0222 or Email: [email protected]