The Legislature

Composition and membership of Parliament

Article 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.

Article 104:  Right of recall

(1) The electorate under Articles 97 and 98 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.

Article 105: Determination of questions of membership

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

(a) a person has been validly elected as a member of Parliament; or
(b) 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.

Read: Kenyan Constitution: Chapter Eight, Part 2, Article 100 to 102