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Constitution silent on whether MP Waluke will lose seat
Sirisia MP John Waluke and his co-accused Grace Wakhungu leave the Milimani Law Courts for prison on Thursday night. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP
What you need to know:
- Rarieda MP Otiende Amollo said the question of whether the MP will survive through his term must be looked at beyond the Constitution.
- “The provisions exist in several statutes and he can’t serve as an MP while in jail,” he said, but he could not cite a specific clause.
Following his sentencing Thursday, it is not clear whether Sirisia MP John Waluke will lose his seat.
On the face of it, it is a given that the MP will lose it if he serves the term. But a second look at the Constitution and other enabling laws suggest that the matter is not so straightforward - there is no express provision that states he should if he serves the time.
