39. (1) A member of the National Assembly shall vacate his seat if -

(a) he has ceased to be a citizen of Kenya;

(b) (Deleted 12 of 1991, s. 5).

(c) circumstance arise that, if he were not a member of the Assembly, would cause him to be disqualified by section 35 (1) or by any law made in pursuance of section 35 (3) or (4) to be elected as a member; or

(d) without having obtained the permission of the Speaker, he has failed to attend the Assembly on eight consecutive days on which the Assembly was sitting in any session:

Provided that the President may in any case if he thinks fit direct that a member shall not vacate his seat by reason of his failure so to attend the Assembly.

(2) An elected member or a nominated member of the National Assembly shall vacate his seat as such if he is elected as Speaker.

(3) In order to permit a member of the National Assembly who has been sentenced to death or imprisonment, adjudged to be of unsound mind, adjudged bankrupt or convicted or reported guilty of an offence prescribed under section 35 (4) to appeal against the decision in accordance with the law, Parliament may provide that, subject to such conditions as it may prescribe, the decision shall not have effect for the purposes of this section until such time as it may prescribe.

(4) This section shall not apply to the Attorney-General.