Article 105. Determination of questions of membership
Official Constitutional Text
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.
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 105 of the Kenyan Constitution grants the High Court the sole authority to hear and settle all disputes regarding parliamentary elections and vacant seats. It establishes that any legal question over whether an MP or Senator was validly elected, or whether an active member's seat has legally become vacant, must be filed in this court. To prevent prolonged leadership uncertainty, the article enforces a strict six-month deadline for the High Court to completely hear and rule on the case from the date the petition is first filed. Finally, it commands Parliament to pass enabling laws to outline the specific court procedures, fees, and rules needed to implement this judicial review process.