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Article 194 · Part 7—General

Vacation of office of member of county assembly

In plain English

A county assembly member loses their seat on death, resignation, removal, or unexplained absence from eight sittings. A member also loses it on leaving the party they were elected under, joining a party if independent, end of the term, or disqualification.

The official text

(1) The office of a member of a county assembly becomes vacant—

(a) if the member dies;

(b) if the member is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly, and is unable to offer satisfactory explanation for the absence;

(c) if the member is removed from office under this Constitution or legislation enacted under Article 80;

(d) if the member resigns in writing addressed to the speaker of the assembly;

(e) if, having been elected to the assembly—

(i) as a member of a political party, the member resigns from the party, or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or

(ii) as an independent candidate, the member joins a political party;

(f) at the end of the term of the assembly; or

(g) if the member becomes disqualified for election on grounds specified in Article 193(2).

(2) Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1)(e), to have resigned from the party.

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.