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Article 99. Qualifications and Disqualifications for Election as Member of Parliament

(1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person

  • (a) is registered as a voter;
  • (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and
  • (c) is nominated by a political party, or is an independent candidate who is supported–
    • (i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or
    • (ii) in the case of election to the Senate, by at least two thousand registered voters in the county.

(2) A person is disqualified from being elected a member of Parliament if the person–

  • (a) is a State officer or other public officer, other than a member of Parliament;
  • (b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission;
  • (c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;
  • (d) is a member of a county assembly;
  • (e) is of unsound mind;
  • (f) is an undischarged bankrupt;
  • (g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or
  • (h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.

(3) A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.