This archive report was first published on 26 June 2020.
On June 25, 2020, Sirisia MP John Waluke was sentenced to 67 years in prison, sparking questions about the fate of his parliamentary seat.
While the old Constitution was clear that a sitting MP would lose their seat if sentenced to a jail term of more than six months, the 2010 Constitution is ambiguous in its provisions, leaving the decision to the whims of other statutes and legal interpretations.
Article 103 of the Constitution lists the circumstances under which a sitting MP can lose their seat, including death, absence from eight sittings without permission, and removal from office under the Leadership and Integrity Act.
However, the question of whether Mr. Waluke will lose his seat will be determined by anti-corruption and integrity laws, with no direct provision suggesting that he should lose his seat.
Rarieda MP Otiende Amollo weighed in on the matter, stating, "The provisions exist in several statutes and he can't serve as an MP while in jail."
