Constitution of Kenya (Repealed) - Kenya Law Reports

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24 Constitution of Kenya[Rev. 2009(e) subject to such exceptions and limitations as may beprescribed by Parliament, has an interest in a class ordescription of contract made with the Government of Kenyaas may be prescribed by Parliament; or(f) holds or is acting in any office in the public service (includingthe office of judge or member of a court of law or an office towhich section 69 applies), in the armed forces of the Republicor in a local government authority.(2) For the purpose of subsection (1) (b) -(a) two or more sentences of imprisonment that are requiredto be served consecutively shall be regarded as separatesentences if none of those sentences exceeds six months, andif any one of those sentences exceeds that term they shall beregarded as one sentence; and(b) no account shall be taken of a sentence of imprisonmentimposed as an alternative to or in default of the paymentof a fine.(3) Parliament may provide that a person who, at the date of hisnomination for election, holds or is acting in an office that is prescribedby Parliament and the functions of which involve responsibility for orin connexion with the conduct of an election to the National Assemblyor the compilation of a register of voters for the purpose of such anelection shall not be qualified to be elected as a member of the NationalAssembly.(4) Parliament may provide that a person who is convicted by acourt of an offence that is prescribed by Parliament and that is connectedwith the election of members of the National Assembly or of a localgovernment authority, or who is reported guilty of such an offence by thecourt trying an election petition, shall not be qualified to be nominatedfor election as a member of the National Assembly for such period (notexceeding five years) following his conviction or, as the case may be,following the report of the court as may be so prescribed.(5) Parliament may provide that a particular office shall be deemedto be or not to be an office for the purposes of subsection (1) (f).(6) The Minister for the time being responsible for elections tothe National Assembly may, by order published in the Kenya Gazette,provide that a person shall not be qualified to be elected by virtueof holding an office specified in paragraph (f) of subsection (1), or
Rev. 2009]Constitution of Kenya 25specified for the purposes of that paragraph under subsection (5), whichis prescribed in the order, if he holds that office after a date prescribedin the order, which date shall not be more than six months prior to thedate of nomination for preliminary elections prescribed under an Actof Parliament:Provided that no order under this subsection shall be made tooperate with retrospective effect.36. The Attorney-General shall be an ex officio member of theNational Assembly, but he shall not be entitled to vote on any questionbefore the Assembly.37. (1) There shall be a Speaker of the National Assembly, whoshall be elected by the Assembly, in accordance with the standing orders,from among persons who are members of the Assembly or are qualifiedto be elected as such members, other than the President, the Vice-President, Ministers, Assistant Ministers and the Attorney-General.Attorney-Generalto be member ofNational Assembly.Speaker of NationalAssembly.(2) The Speaker shall vacate his office -(a) when the National Assembly first meets after a dissolutionof Parliament; or(b) if circumstances arise that, if he were not Speaker, woulddisqualify him to be elected as such; or(c) if the National Assembly so resolves, by resolution supportedby the votes of not less than seventy-five per cent of all itsmembers (excluding the ex officio members).(3) No business shall be transacted in the National Assembly(other than an election of the Speaker) at any time when the office ofSpeaker is vacant, but this subsection shall not prevent the transactionof business by a committee of the Assembly.(4) The Speaker shall be an ex officio member of the NationalAssembly, whether or not he is elected from among the members ofthe Assembly.38. (1) There shall be a Deputy Speaker of the National Assembly,who shall be elected by the Assembly, in accordance with its standingorders, from among persons who are members of the Assembly otherthan the President, the Vice-President, Ministers, Assistant Ministersand the Attorney-General.Deputy Speaker ofNational Assembly.(2) The National Assembly shall elect a Deputy Speaker—
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