Constitution of Kenya (Repealed) - Kenya Law Reports

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26 Constitution of Kenya[Rev. 2009(a) subject to section 37 (3), when it first meets after a dissolutionof Parliament; and(b) when it first meets after the office of Deputy Speaker hasbecome vacant otherwise than by reason of the dissolutionof Parliament,or as soon thereafter as may be convenient.(3) The Deputy Speaker shall vacate his office -(a) when the National Assembly first meets after a dissolutionof Parliament; or(b) if he is elected as President or becomes the Vice-President,or a Minister or an Assistant Minister; or(c) if he ceases to be a member of the National Assemblyotherwise than by reason of the dissolution of Parliament;or(d) 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).Vacation of seat inNational Assembly7 of 1982, s. 6,12 of 1991, s. 539. (1) A member of the National Assembly shall vacate his seatif-(a) he has ceased to be a citizen of Kenya;(b) (Deleted 12 of 1991, s. 5).(c) circumstance arise that, if he were not a member of theAssembly, would cause him to be disqualified by section 35(1) or by any law made in pursuance of section 35 (3) or (4)to be elected as a member; or(d) without having obtained the permission of the Speaker, hehas failed to attend the Assembly on eight consecutive dayson which the Assembly was sitting in any session:Provided that the President may in any case if he thinks fitdirect that a member shall not vacate his seat by reason ofhis failure so to attend the Assembly.(2) An elected member or a nominated member of the NationalAssembly shall vacate his seat as such if he is elected as Speaker.
Rev. 2009]Constitution of Kenya 27(3) In order to permit a member of the National Assemblywho has been sentenced to death or imprisonment, adjudged to be ofunsound mind, adjudged bankrupt or convicted or reported guilty of anoffence prescribed under section 35 (4) to appeal against the decision inaccordance with the law, Parliament may provide that, subject to suchconditions as it may prescribe, the decision shall not have effect for thepurposes of this section until such time as it may prescribe.(4) This section shall not apply to the Attorney-General.40. A member of the National Assembly who, having stood at hiselection as an elected member with the support of or as a supporter of apolitical party, or having accepted appointment as a nominated memberas a supporter of a political party, either-Vacation of seat inNational Assemblyupon resignationfrom party.12 of 1991, s. 6.(a) resigns from that party at a time when that party is aparliamentary party; or(b) having, after the dissolution of that party, been a member ofanother parliamentary party, resigns from that other party ata time when that other party is a parliamentary party,shall vacate his seat forthwith unless in the meantime that partyof which he was last a member has ceased to exist as a parliamentaryparty or he has resigned his seat:Provided that this subsection shall not apply to any member whois elected as Speaker.41. (1) There shall be an Interim Independent Electoral Commission,which shall consist of a chairman and not more than eight other members.(2) The Interim Independent Electoral Commission shall be thesuccessor to the Electoral Commission of Kenya established by section41 (now repealed) and subject to this Constitution, all rights, duties,obligations, assets and liabilities of the Electoral Commission of Kenyaexisting immediately before the commencement of this section shall beautomatically and fully transferred to the Interim Independent ElectoralCommission and any reference to the Electoral Commission of Kenyashall, for all purposes, be deemed to be a reference to the InterimIndependent Electoral Commission established under this section.The InterimIndependent ElectoralCommission.10 of 2008, s. 2.(3) The chairman and other members of the Commission shall benominated through a competitive process by the Parliamentary SelectCommittee and upon approval by the National Assembly be appointedby the President in consultation with the Prime Minister.
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