Section 138, The Public Elections Act, 2012

(1) All questions which may arise as to the right of aperson to be or remain a member of Parliament shall be referred to and determined by a Judge of the High Court on a petition presented by a voter and in accordance with the procedure prescribed under section 162 for the trial of an election petition. (2) Where the question to be decided concerns the right of a person to remain a Member of Parliament, the Court shall certify its decision in writing to the Speaker and the Electoral Commission and where the High Court has decided that a person is not entitled to remain a Member of Parliament that person shall then cease to be a Member of Parliament.