Article 106. Speakers and Deputy Speakers of Parliament
Official Constitutional Text
106. (1) There shall be—
(a) a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as members of Parliament but are not such members; and
(b) a Deputy Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among the members of that House.
(2) The office of Speaker or Deputy Speaker shall become vacant —
(a) when a new House of Parliament first meets after an election;
(b) if the office holder, as a member of the relevant House, vacates office under Article 103;
(c) if the relevant House so resolves by resolution supported by the votes of at least two-thirds of its members; or
(d) if the office holder resigns from office in a letter addressed to the relevant House.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 106 of the Kenyan Constitution governs the election and removal of the leadership in both houses of Parliament. It mandates that the National Assembly and the Senate must each elect a Speaker from outside their active membership, choosing an external candidate who meets all standard parliamentary qualifications. Conversely, the Deputy Speaker for each house must be elected directly from among the sitting members of that specific chamber. The article specifies that these leadership seats automatically become vacant when a newly elected Parliament meets for the first time, if a Deputy Speaker loses their parliamentary seat, or if the official resigns by writing a letter to their respective house. Finally, it creates a powerful check on these positions by allowing members to remove a Speaker or Deputy Speaker from office at any time through an impeachment resolution that secures a two-thirds majority vote.