|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|35. Disqualifications for election.|
|Election of elected members.||Attorney-General to be member of National Assembly.|
|Disqualifications for election. 5 of 1979, s. 2.||
35. (1) Subject to any order made under subsection (6), a person shall not be qualified to be elected as an elected member if, at the date of his nomination for election, he -
(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign state; or
(b) is under sentence of death imposed on him by a court in Kenya, or is under sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or
(c) is, under any law in force in Kenya, adjudged to be of unsound mind; or
(d) is an undischarged bankrupt, having been adjudged bankrupt under any law in force in Kenya; or
(e) subject to such exceptions and limitations as may be prescribed by Parliament, has an interest in a class or description of contract made with the Government of Kenya as may be prescribed by Parliament; or
(f) holds or is acting in any office in the public service (including the office of judge or member of a court of law or an office to which section 69 applies), in the armed forces of the Republic or in a local government authority.
(2) For the purpose of subsection (1) (b) -
(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, and if any one of those sentences exceeds that term they shall be regarded as one sentence; and
(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
(3) Parliament may provide that a person who, at the date of his nomination for election, holds or is acting in an office that is prescribed by Parliament and the functions of which involve responsibility for or in connexion with the conduct of an election to the National Assembly or the compilation of a register of voters for the purpose of such an election shall not be qualified to be elected as a member of the National Assembly.
(4) Parliament may provide that a person who is convicted by a court of an offence that is prescribed by Parliament and that is connected with the election of members of the National Assembly or of a local government authority, or who is reported guilty of such an offence by the court trying an election petition, shall not be qualified to be nominated for election as a member of the National Assembly for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.
(5) Parliament may provide that a particular office shall be deemed to be or not to be an office for the purposes of subsection (1) (f).
(6) The Minister for the time being responsible for elections to the National Assembly may, by order published in the Kenya Gazette, provide that a person shall not be qualified to be elected by virtue of holding an office specified in paragraph (f) of subsection (1), or specified for the purposes of that paragraph under subsection (5), which is prescribed in the order, if he holds that office after a date prescribed in the order, which date shall not be more than six months prior to the date of nomination for preliminary elections prescribed under an Act of Parliament:
Provided that no order under this subsection shall be made to operate with retrospective effect.