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Article 105 · Part 2—Composition and membership of Parliament

Determination of questions of membership

In plain English

The High Court decides whether a person was validly elected as a member of Parliament or whether a seat is vacant. It must decide within six months of the petition being lodged.

The official text

(1) The High Court shall hear and determine any question whether—

(a) a person has been validly elected as a member of Parliament; or

(b) the seat of a member has become vacant.

(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.

(3) Parliament shall enact legislation to give full effect to this Article.

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.