Constitution of Kenya, 2010
(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.
Term of Parliament.
102. (1) The term of each House of Parliament expires on the
date of the next general election.
(2) When Kenya is at war, Parliament may, by resolution
supported in each House by at least two-thirds of all the members of
the House, from time to time extend the term of Parliament by not
more than six months at a time.
(3) The term of Parliament shall not be extended under clause (2)
for a total of more than twelve months.
Vacation of office of member of Parliament.
103. (1) The office of a member of Parliament becomes vacant—
(a) if the member dies;
(b) if, during any session of Parliament, the member is absent
from eight sittings of the relevant House without permission,
in writing, from the Speaker, and is unable to offer a
satisfactory explanation for the absence to the relevant
committee;
(c) if the member is otherwise removed from office under this
Constitution or legislation enacted under Article 80;
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