|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|44. Determination of questions as to membership of National Assembly.|
|Qualifications and disqualifications for registration as a voter.||Parliamentary Service Commission.|
|Determination of questions as to membership of National Assembly. 7 of 1984, s. 8., 9 of 1997, s. 8||
44. (1) The High Court shall have jurisdiction to hear and determine any question whether -
(a) a person has been validly elected as a member of the National Assembly; or
(b) the seat in the National Assembly of a member thereof has become vacant.
(2) An application to the High Court for the determination of a question under subsection (1) (a) may be made by any person who was entitled to vote in the election to which the application relates, or by the Attorney-General.
(3) An application to the High Court for the determination of a question under subsection (1) (b) may be made -
(a) where the Speaker has declared that the seat in the National Assembly of a member has by reason of a provision of this Constitution become vacant, by that member; or
(b) in any other case, by a person who is registered as a voter in elections of elected members of the Assembly, or by the Attorney-General.
(4) Parliament may make provision with respect to -
(a) the circumstances and manner in which, the time within which and the conditions upon which an application may be made to the High Court for the determination of a question under this section; and
(b) the powers, practice and procedure of the High Court in relation to the application.
(5) (Repealed by 9 of 1997, s. 8)