Constitution of Kenya (Repealed) - Kenya Law Reports

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22 Constitution of Kenya[Rev. 2009whether to exercise any of his functions under section 27 in a casenot falling within subsection (1), but he shall not be obliged to act inaccordance with the advice of the Committee.CHAPTER IIIPARLIAMENTPART 1Composition of ParliamentLegislative power.Composition ofNational AssemblyElection of electedmembers.6 of 1992, s. 7.30. The legislative power of the Republic shall vest in theParliament of Kenya, which shall consist of the President and theNational Assembly.31. Subject to this Constitution, the National Assembly shallconsist of elected members elected in accordance with section 32,nominated members appointed in accordance with section 33 and theex officio members.32. (1) Kenya shall be divided into constituencies in accordancewith section 42, and each constituency shall elect one elected memberto the National Assembly in such manner as, subject to this Constitution,may be prescribed by or under any law.(2) Every person who is registered in a constituency as a voterin elections of elected members shall, unless he is detained in lawfulcustody, or is disqualified by law from voting in those elections onthe ground of his having been convicted of an offence connected withelections or on the ground of his having been reported guilty of suchan offence by the court trying an election petition, be entitled so to votein that constituency in accordance with the law; and no other personmay so vote.(3) (Repealed by 6 of 1992, s. 7).Nominated members.9 of 1997, s. 5.33. (1) Subject to this section, there shall be twelve nominatedmembers of the National Assembly appointed by the President followinga general election, to represent special interests.(2) The persons to be appointed shall be persons who, if they hadbeen nominated for a parliamentary election, would be qualified to beelected as members of the National Assembly.(3) The persons to be appointed shall be nominated by theparliamentary parties according to the proportion of every parliamentaryparty in the National Assembly, taking into account the principle ofgender equality.
Rev. 2009]Constitution of Kenya 23(4) The proportions under subsection (3) shall be determinedby the Electoral Commission after every general election and shallbe signified by the chairman of the Commission to the leaders of theconcerned parliamentary parties, the President and the Speaker.(5) The names of the nominees of parliamentary parties shallbe forwarded to the President through the Electoral Commission whoshall ensure observance of the principle of gender equality in thenominations.34. Subject to section 35, a person shall be qualified to be electedas a member of the National Assembly if, and shall not be qualifiedunless, at the date of his nomination for election—(a) he is a citizen of Kenya who has attained the age of twentyoneyears; andQualifications forelection.1 of 1979, s. 2,7 of 1982, s. 5,12 of 1991, s. 4.(b) he is registered in some constituency as a voter in electionsto the National Assembly; and(c) he is able to speak and, unless incapacitated by blindnessor other physical cause, to read the Swahili and Englishlanguages well enough to take an active part in theproceedings of the National Assembly; and(d) he is nominated by a political party in the manner prescribedby or under an Act of Parliament.35. (1) Subject to any order made under subsection (6), a personshall not be qualified to be elected as an elected member if, at the dateof his nomination for election, he -Disqualifications forelection.5 of 1979, s. 2.(a) is, by virtue of his own act, under any acknowledgment ofallegiance, obedience or adherence to a foreign state; or(b) is under sentence of death imposed on him by a court inKenya, or is under sentence of imprisonment (by whatevername called) exceeding six months imposed on him by sucha court or substituted by competent authority for some othersentence imposed on him by such a court; or(c) is, under any law in force in Kenya, adjudged to be ofunsound mind; or(d) is an undischarged bankrupt, having been adjudged bankruptunder any law in force in Kenya; or
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