Constitution of Kenya (Repealed) - Kenya Law Reports

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34 Constitution of Kenya[Rev. 2009(4) Where a person is qualified to be registered in more than oneplace as a voter in elections to which this section applies, he shall beso registered only in the first of those places in which he applies tobe so registered, and Parliament may provide for the punishment ofa person who, being already registered in one place as a voter in theelections or having applied to be so registered there and not havinghad that application finally rejected, applies to be registered in anotherplace as a voter.(5) Parliament may, in order to permit a person who has beenadjudged or declared to be of unsound mind, adjudged or declaredbankrupt or convicted of an offence referred to in subsection (2) (d) toappeal against the decision in accordance with any law, provided that,subject to such conditions as may be prescribed by Parliament, thedecision shall not have effect for the purposes of subsection (2) untilsuch time as may be so prescribed.Determination ofquestions as tomembership ofNational Assembly.7 of 1984, s.2,9 of 1997, s. 8.44. (1) The High Court shall have jurisdiction to hear anddetermine any question whether -(a) a person has been validly elected as a member of the NationalAssembly; or(b) the seat in the National Assembly of a member thereof hasbecome vacant.(2) An application to the High Court for the determination of aquestion under subsection (1) (a) may be made by any person who wasentitled to vote in the election to which the application relates, or bythe Attorney-General.(3) An application to the High Court for the determination of aquestion under subsection (1) (b) may be made -(a) where the Speaker has declared that the seat in the NationalAssembly of a member has by reason of a provision of thisConstitution become vacant, by that member; or(b) in any other case, by a person who is registered as a voterin elections of elected members of the Assembly, or by theAttorney-General.(4) Parliament may make provision with respect to -(a) the circumstances and manner in which, the time withinwhich and the conditions upon which an application may bemade to the High Court for the determination of a question
Rev. 2009]Constitution of Kenya 35under this section; and(b) the powers, practice and procedure of the High Court inrelation to the application.(5) (Repealed by 9 of 1997, s. 8).45. (Repealed by 3 of 1999, s. 2).PART 1AThe Parliamentary Service and the ParliamentaryService Commission45A. (1) There shall be a service to be known as the parliamentaryservice.ParliamentaryService.(2) There shall be a Clerk of the National Assembly and such otherofficers and staff as may be appointed for the purposes of the NationalAssembly in accordance with section 45B.(3) The offices of the Clerk of the National Assembly and theofficers and other staff provided for under subsection (2) shall be officesin the parliamentary service.45B. (1) There shall be a Parliamentary Service Commissionwhich shall consist of -ParliamentaryService Commission.(a) the speaker of the National Assembly who shall be thechairman;(b) a vice-chairman elected by the Commission from amongstthe members appointed under paragraph (e) of thissubsection;(c) the leader of Government business in the National Assemblyor a member of the Assembly deputed by him;(d) the leader of the opposition party with the highest number ofseats in the National Assembly or a member of the Assemblydeputed by him;(e) seven members (other than the President, Ministers,Assistant Ministers and the Attorney-General) appointedby the National Assembly from amongst its members, ofwhom -(i) four shall be nominated by the parliamentary party or
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