Article 103. Vacation of office of member of Parliament
Official Constitutional Text
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;
(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.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 103 of the Kenyan Constitution details the conditions under which a Member of Parliament or Senator loses their seat. A vacancy occurs automatically if the member dies, resigns in writing to the Speaker, or reaches the end of their five-year parliamentary term. Members also forfeit their seats if they skip eight consecutive sittings in a session without the Speaker's written permission and fail to provide a valid reason to the relevant committee, or if they are removed under leadership and integrity laws. To prevent party hopping, a member loses their seat if they resign from the political party that sponsored them, or if an independent candidate decides to join a political party. Finally, seats become vacant if a member develops any disqualifications listed in Article 99(2), such as being declared of unsound mind, becoming bankrupt, receiving a prison sentence of six months or more, or being found guilty of abusing a public office.