Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
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Rev. 2009]<strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong> 27(3) In order to permit a member <strong>of</strong> the National Assemblywho has been sentenced to death or imprisonment, adjudged to be <strong>of</strong>unsound mind, adjudged bankrupt or convicted or reported guilty <strong>of</strong> an<strong>of</strong>fence 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 <strong>of</strong> this section until such time as it may prescribe.(4) This section shall not apply to the Attorney-General.40. A member <strong>of</strong> the National Assembly who, having stood at hiselection as an elected member with the support <strong>of</strong> or as a supporter <strong>of</strong> apolitical party, or having accepted appointment as a nominated memberas a supporter <strong>of</strong> a political party, either-Vacation <strong>of</strong> seat inNational Assemblyupon resignationfrom party.12 <strong>of</strong> 1991, s. 6.(a) resigns from that party at a time when that party is aparliamentary party; or(b) having, after the dissolution <strong>of</strong> that party, been a member <strong>of</strong>another 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 party<strong>of</strong> 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 <strong>of</strong> a chairman and not more than eight other members.(2) The Interim Independent Electoral Commission shall be thesuccessor to the Electoral Commission <strong>of</strong> <strong>Kenya</strong> established by section41 (now repealed) and subject to this <strong>Constitution</strong>, all rights, duties,obligations, assets and liabilities <strong>of</strong> the Electoral Commission <strong>of</strong> <strong>Kenya</strong>existing immediately before the commencement <strong>of</strong> this section shall beautomatically and fully transferred to the Interim Independent ElectoralCommission and any reference to the Electoral Commission <strong>of</strong> <strong>Kenya</strong>shall, for all purposes, be deemed to be a reference to the InterimIndependent Electoral Commission established under this section.The InterimIndependent ElectoralCommission.10 <strong>of</strong> 2008, s. 2.(3) The chairman and other members <strong>of</strong> 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.