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Ask the Constitution

Can an MP or MCA leave their party and keep their seat?

No

No. If a member elected on a party ticket resigns from that party, their seat becomes vacant.

Article 103 says an MP's seat becomes vacant if a member elected for a party resigns from it, or is deemed to have resigned under a law, or if an independent member joins a party. Article 194 applies the same rule to members of county assemblies.

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

Article 103: Vacation of office of member of Parliament

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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.