Article 101 of The Constitution of Kenya: Election of members of Parliament.
(1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.
(2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97(1)(c), or of the Senate under Article 98(1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to—
(a) the Independent Electoral and Boundaries Commission; and
(b) the political party on whose party list the member was elected or nominated.
(3) A vacancy referred to in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker.
(4) Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97(1)(a) or (b), or of the Senate elected under Article 98(1)(a)— (a) the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the Independent Electoral and Boundaries Commission; and
(b) a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5).
(5) A vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election.
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- Article 102 - Term of Parliament.
(1) The term of each House of Parliament expires on the date of the next general election.
(2) When Kenya is at war, Parliament may, by resolution supported in each Houseby at least two-thirds of...
- 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...
- 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)...
- 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...
- Article 106 - Speakers and Deputy Speakers of Parliament.
(1) There shall be—
(a) a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as...
- Article 107 - Presiding in Parliament.
(1) At any sitting of a House of Parliament— (a) the Speaker presides;
(b) in the absence of the Speaker, the Deputy Speaker presides; and
(c) in the absence of the Speaker and the Deputy Speaker,...
- Article 108 - Party leaders.
(1) There shall be a leader of the majority party and a leader of the minority party.
(2) The leader of the majority party shall be the person who is the leader in theNational Assembly of the...
- Article 109 - Exercise of legislative powers.
(1) Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President.
(2) Any Bill may originate in the National Assembly.
(3) A Bill not...
- Article 110 - Bills concerning county government.
(1) In this Constitution, "a Bill concerning county government" means—
(a) a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth...
- Article 111 - Special Bills concerning county governments.
(1) A special Bill concerning a county government shall proceed in the same manner as an ordinary Bill concerning county government, subject to clauses (2) and (3).
(2) The National Assembly may...
- Article 112 - Ordinary Bills concerning county governments.
(1) If one House passes an ordinary Bill concerning counties, and the second
House—
(a) rejects the Bill, it shall be referred to a mediation committee appointed under Article 113; or
(b) passes...
- Article 113 - Mediation committees.
(1) If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt...
- Article 114 - Money Bills.
1) A money Bill may not deal with any matter other than those listed in the definition of "a money Bill" in clause (3).
(2) If, in the opinion of the Speaker of the National Assembly, a motion...
- Article 115 - Presidential assent and referral.
(1) Within fourteen days after receipt of a Bill, the President shall—
(a) assent to the Bill; or
(b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations...
- Article 116 - Coming into force of laws.
1) A Bill passed by Parliament and assented to by the President shall be published in the Gazette as an Act of Parliament within seven days after-assent.
(2) Subject to clause (3), an Act of...
- Article 117 - Powers, privileges and immunities.
(1) There shall be freedom of speech and debate in Parliament.
(2) Parliament may, for the purpose of the orderly and effective discharge of the business of Parliament, provide for the powers,...
- Article 118 - Public access and participation.
(1) Parliament shall—
(a) conduct its business in an open manner, and its sittings and those of its committees shall be in public; and
(b) facilitate public participation and involvement in the...
- Article 119 - Right to petition Parliament.
(1) Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.
(2) Parliament shall make provision for the...
- Article 120 - Official languages of Parliament.
(1) The official languages of Parliament shall be Kiswahili, English and Kenyan Sign language, and the business of Parliament may be conducted in English, Kiswahili and Kenyan Sign language.
(2)...
- Article 121 - Quorum.
The quorum of Parliament shall be–
(a) fifty members, in the case of the National Assembly; or (b) fifteen members, in the case of the Senate.
- Article 122 - Voting in Parliament.
(1) Except as otherwise provided in this Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of the members in that House, present and...
- Article 123 - Decisions of Senate.
(1) On election, all the members of the Senate who were registered as voters in a particular county shall collectively constitute a single delegation for purposes of clause (4) and the member elected...
- Article 124 - Committees and Standing Orders.
(1) Each House of Parliament may establish committees, and shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.
(2) Parliament may...
- Article 125 - Power to call for evidence.
(1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.
(2) For the purposes of...
- Article 126 - Location of sittings of Parliament.
(1) A sitting of either House may be held at any place within Kenya and may commence at any time that the House appoints.
(2) Whenever a new House is elected, the President, by notice in the...
- Article 127 - Parliamentary Service Commission.
(1) There is established the Parliamentary Service Commission.
(2) The Commission consists of—
(a) the Speaker of the National Assembly, as chairperson;
(b) a vice-chairperson elected by the...
- Article 128 - Clerks and staff of Parliament.
(1) There shall be a Clerk for each House of Parliament, appointed by the Parliamentary Service Commission with the approval of the relevant House.
(2) The offices of the Clerks and offices of...
- Article 129 - Principles of executive authority.
(1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.
(2) Executive authority shall be exercised in a manner compatible with the...
- Article 130 - The National Executive.
(1) The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet.
(2) The composition of the national executive shall reflect the regional and...
- Article 131 - Authority of the President.
(1) The President—
(a) is the Head of State and Government;
(b) exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries;
(c) is the...
- Article 132 - Functions of the President.
(1) The President shall—
(a) address the opening of each newly elected Parliament;
(b) address a special sitting of Parliament once every year and may address Parliament at any other time;...
- Article 133 - Power of mercy.
(1) On the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), by—
(a) granting a free or...
- Article 134 - Exercise of presidential powers during temporary incumbency.
(1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—
(a) during the period commencing on the date of the first...
- Article 135 - Decisions of the President.
A decision of the President in the performance of any function of thePresident under this Constitution shall be in writing and shall bear the seal and signature of the President.
- Article 136 - Election of the President.
(1) The President shall be elected by registered voters in a national electionconducted in accordance with this Constitution and any Act of Parliament regulating presidential elections.
(2) An...
- Article 137 - Qualifications and disqualifications for election as President.
(1) A person qualifies for nomination as a presidential candidate if the person—
(a) is a citizen by birth;
(b) is qualified to stand for election as a member of Parliament;
(c) is nominated by a...
- Article 138 - Procedure at presidential election.
(1) If only one candidate for President is nominated, that candidate shall be declared elected.
(2) If two or more candidates for President are nominated, an election shall beheld in each...
- Article 139 - Death before assuming office.
(1) If a President-elect dies after being declared elected as President, but before assuming office—
(a) the Deputy President-elect shall be sworn in as acting President on the date on which the...
- Article 140 - Questions as to validity of presidential election.
1) A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential...
- Article 141 - Assumption of office of President.
(1) The swearing in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice.
(2) The President-elect shall be sworn in...
- Article 142 - Term of office of President.
(1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136(2)(a) is...
- Article 143 - Protection from legal proceedings.
(1) Criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office, during their tenure of office.
(2) Civil...
- Article 144 - Removal of President on grounds of incapacity.
(1) A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the...
- Article 145 - Removal of President by impeachment.
(1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President—
(a) on the ground of a gross violation of a provision...
- Article 146 - Vacancy in the office of President.
(1) The office of President shall become vacant if the holder of the office — (a) dies;
(b) resigns, in writing, addressed to the Speaker of the National Assembly; or
(c) otherwise ceases to hold...
- Article 147 - Functions of the Deputy President.
(1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions.
(2) The Deputy President shall perform...
- Article 148 - Election and swearing-in of Deputy President.
(1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President.
(2) For the purposes of clause...
- Article 149 - Vacancy in the office of Deputy President.
(1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination...
- Article 150 - Removal of Deputy President.
(1) The Deputy President may be removed from office—
(a) on the ground of physical or mental incapacity to perform the functions of the office; or
(b) on impeachment—
(i) on the ground of a gross...
- Article 151 - Remuneration and benefits of President and Deputy President.
(1) The remuneration and benefits payable to the President and the Deputy President shall be a charge on the Consolidated Fund.
(2) The remuneration, benefits and privileges of the President and...