KenyaKE

Article 101 of the Constitution of Kenya

Article
101
Index row title
(1) A general election of members of Parliament shall be
Source document
The Kenya Constitution
Provision ID
87bc3dad-0c15-43c2-8826-e274a0fb10c1

228 words

Verbatim text

held on the second Tuesday in August in every fifth year. (2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97 (1) ( c), or of the Senate under Article 98 (1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to— (a) the Independent Electoral and Boundaries Commission; and61 (b) the political party on whose party list the member was elected or nominated. (3) A vacancy referred to in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker. (4) Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97 (1) ( a) or (b), or of the Senate elected under Article 98 (1) ( a)— (a) the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the Independent Electoral and Boundaries Commission; and (b) a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5). (5) A vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election. Term of Parliament.

What this means

  • The index files this text under article 101 of the Constitution of Kenya.
  • The passage runs to about 228 words.
  • Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”).

The row’s stored title is a body fragment, not a heading (“(1) A general election of members of Parliament shall be”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

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How to cite this

Constitution of Kenya, article 101, Portable Lawyer, https://www.portablelawyer.app/provision/87bc3dad-0c15-43c2-8826-e274a0fb10c1 (accessed 25 October 2026).

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Accessed 25 October 2026.

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