Constitution of Kenya, 2010
64
(d) if the member resigns from Parliament in writing to the
Speaker;
(e) if, having been elected to Parliament—
(i) 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); or
(ii) as an independent candidate, the member joins a political
party;
(f) at the end of the term of the relevant House; or
(g) if the member becomes disqualified for election to Parliament
under Article 99 (2) (d) to (h).
(3) 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.
Right of recall.
104. (1) The electorate under Articles 97 and 98 have the right to
recall the member of Parliament representing their constituency before
the end of the term of the relevant House of Parliament.
(2) Parliament shall enact legislation to provide for the grounds
on which a member may be recalled and the procedure to be followed.
Determination of questions of membership.
105. (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.
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