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nominated mca requirements law

Introduction

The nomination of Members of County Assembly (MCAs) in Kenya is governed by various legal provisions, primarily found in the Constitution of Kenya, 2010, the Elections Act, 2011, and the County Governments Act, 2012. These laws outline the qualifications, disqualifications, and the process for nominating MCAs. This comprehensive answer will delve into these legal frameworks to provide a detailed understanding of the requirements for nominated MCAs in Kenya.

Table of Contents

  1. Constitutional Provisions

    • 1.1 Article 177 of the Constitution of Kenya, 2010

    • 1.2 Article 193 of the Constitution of Kenya, 2010

  2. Statutory Provisions

    • 2.1 The Elections Act, 2011

    • 2.2 The County Governments Act, 2012

  3. Qualifications for Nominated MCAs

    • 3.1 Citizenship and Voter Registration

    • 3.2 Educational Qualifications

    • 3.3 Integrity and Ethics

  4. Disqualifications for Nominated MCAs

    • 4.1 Dual Citizenship

    • 4.2 Bankruptcy

    • 4.3 Criminal Convictions

    • 4.4 Public Officers

  5. Nomination Process

    • 5.1 Party Lists

    • 5.2 Gender and Special Interest Groups

    • 5.3 IEBC's Role

  6. Conclusion

1. Constitutional Provisions

1.1 Article 177 of the Constitution of Kenya, 2010

Article 177 of the Constitution of Kenya, 2010, outlines the composition of the County Assembly. It states that the County Assembly consists of:

  • Members elected by the registered voters of the wards, each ward constituting a single-member constituency.

  • The number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender.

  • Members of marginalized groups, including persons with disabilities and the youth, as prescribed by an Act of Parliament.

  • The Speaker, who is an ex officio member.

1.2 Article 193 of the Constitution of Kenya, 2010

Article 193 provides the qualifications for election as a member of a county assembly. These qualifications also apply to nominated MCAs. According to Article 193:

  • A person is eligible for election as a member of a county assembly if the person is a registered voter.

  • The person satisfies any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.

2. Statutory Provisions

2.1 The Elections Act, 2011

The Elections Act, 2011, provides detailed provisions on the nomination of candidates for various elective positions, including MCAs. Section 34 of the Elections Act outlines the procedure for the nomination of party lists, which includes nominated MCAs.

2.2 The County Governments Act, 2012

The County Governments Act, 2012, further elaborates on the qualifications and disqualifications for MCAs. Section 25 of the Act specifies the qualifications for nomination, while Section 26 outlines the disqualifications.

3. Qualifications for Nominated MCAs

3.1 Citizenship and Voter Registration
  • Citizenship: The nominee must be a Kenyan citizen.

  • Voter Registration: The nominee must be a registered voter. This is a fundamental requirement as stipulated in Article 193 of the Constitution.

3.2 Educational Qualifications
  • Educational Requirements: The Elections Act, 2011, and the County Governments Act, 2012, may prescribe specific educational qualifications. However, as of the current legal framework, there is no mandatory minimum educational requirement for MCAs, although this has been a subject of legislative debate.

3.3 Integrity and Ethics
  • Integrity and Ethics: The nominee must satisfy the moral and ethical requirements prescribed by the Constitution or an Act of Parliament. This includes adherence to Chapter Six of the Constitution, which deals with leadership and integrity.

4. Disqualifications for Nominated MCAs

4.1 Dual Citizenship
  • Dual Citizenship: A person is disqualified from being nominated as an MCA if they hold dual citizenship, unless they have obtained an exemption from the government.

4.2 Bankruptcy
  • Bankruptcy: A person declared bankrupt by a court of law is disqualified from being nominated as an MCA.

4.3 Criminal Convictions
  • Criminal Convictions: A person is disqualified if they have been convicted of an offense and sentenced to imprisonment for a period of at least six months, as per Article 193(2) of the Constitution.

4.4 Public Officers
  • Public Officers: A public officer is disqualified from being nominated as an MCA unless they resign from their position at least six months before the date of the election.

5. Nomination Process

5.1 Party Lists
  • Party Lists: Political parties are required to submit party lists to the Independent Electoral and Boundaries Commission (IEBC) before the elections. These lists should include names of persons nominated for special seats, including gender top-up and marginalized groups.

5.2 Gender and Special Interest Groups
  • Gender and Special Interest Groups: The party lists must ensure that no more than two-thirds of the members of the County Assembly are of the same gender. Additionally, the lists should include representatives of marginalized groups, including persons with disabilities and the youth.

5.3 IEBC's Role
  • IEBC's Role: The IEBC is responsible for reviewing and approving the party lists to ensure compliance with the legal requirements. The Commission also oversees the allocation of nominated seats based on the proportion of votes received by each party in the county assembly elections.

Conclusion

The nomination of MCAs in Kenya is a process governed by a combination of constitutional and statutory provisions. The Constitution of Kenya, 2010, the Elections Act, 2011, and the County Governments Act, 2012, provide a comprehensive framework for the qualifications, disqualifications, and nomination process for MCAs. These laws ensure that the nomination process is inclusive, fair, and representative of the diverse interests within the county. By adhering to these legal requirements, the nomination process contributes to the overall goal of achieving effective and representative governance at the county level.

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