ADVOKS GLOBAL · KENYA
Constitution of Kenya
101. Election of members of Parliament
Edition: 2010-09-03 · In force
101. Election of members of Parliament
(1)A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.(2)Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97(1)(c), or of the Senate under Article 98(1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to—(a)the Independent Electoral and Boundaries Commission; and(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.
Case law referring to this provision