Election of members of Parliament
A general election of members of Parliament is held on the second Tuesday in August every fifth year. Vacancies are filled by nomination or by-election within set times, but not within three months before a general election.
The official text
(1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.
(2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97(1) (c), or of the Senate under Article 98(1) (b), (c) or (d), the respective Speaker shall, within twentyone days of the occurrence of the vacancy, give notice in writing of the vacancy to—
(a) the Independent Electoral and Boundaries Commission; and
(b) the political party on whose party list the member was elected or nominated.
(3) A vacancy referred to in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker.
(4) Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97(1)(a) or (b), or of the Senate elected under Article 98(1)(a)—
(a) the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the Independent Electoral and Boundaries Commission; and
(b) a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5).
(5) A vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election.
Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.