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nominated mca requirements law
M-Wakili Response
The requirements for a nominated Member of the County Assembly (MCA) in Kenya are outlined in the Constitution of Kenya, 2010, and the Elections Act, 2011.
1. Constitutional Requirements
The Constitution of Kenya, 2010, outlines the general qualifications for election as a member of a county assembly. These qualifications apply to both elected and nominated MCAs.
Kenyan Citizenship: The individual must be a Kenyan citizen for at least 10 years before the election. (Source: Constitution of Kenya, 2010, Article 193(1)(a) ↗)
Registered Voter: The individual must be a registered voter. (Source: Constitution of Kenya, 2010, Article 193(1)(b) ↗)
Allegiance to Kenya: The individual must not owe allegiance to a foreign state. (Source: Constitution of Kenya, 2010, Article 193(1)(c) ↗)
No Criminal Record: The individual must not have been convicted of an offense involving dishonesty or moral turpitude. (Source: Constitution of Kenya, 2010, Article 193(1)(d) ↗)
Sound Mind: The individual must be of sound mind. (Source: Constitution of Kenya, 2010, Article 193(1)(e) ↗)
2. Party Nomination Requirements
Nominated MCAs are chosen by political parties to represent specific groups or interests in the county assembly. The specific requirements for nomination vary from party to party, but generally include:
Party Membership: The individual must be a member of the political party in good standing.
Party Nomination Process: The individual must go through the party's nomination process, which may involve submitting an application, attending interviews, and participating in party primaries.
Party Constitution: The individual must meet the requirements outlined in the party's constitution.
3. Additional Requirements
In addition to the constitutional and party requirements, there are some additional requirements that may apply to nominated MCAs:
Residence: The individual may be required to be a resident of the county in which they are nominated. (Source: Senate Committee on Justice, Legal Affairs and Human Rights ↗)
Special Groups: The individual may be required to represent a specific group, such as women, youth, or persons with disabilities.
4. Case Laws
There are several case laws that have dealt with the qualifications and nomination of MCAs in Kenya. These cases provide valuable insights into the legal framework governing these processes.
The High Court ruling in 2022: This ruling declared Section 22 of the Elections Act, which required MCAs to have a university degree, unconstitutional. The court found that the provision was enacted without public participation. (Source: High Court Ruling ↗)
The case of Mitchell Kemuma: This case involved a nominated MCA who challenged her appointment by the Jubilee Party in the High Court. The court ruled that the appointment was in line with the party's constitution and election rules. (Source: Nominated MCA Mitchell Kemuma fights for her seat in Nyamira ↗)
The case of Zablon Muruka Mokua: This case involved a former ward representative who was nominated as a judge of the East African Court of Justice. The Law Society of Kenya challenged the nomination, arguing that he did not meet the qualifications. (Source: Lawyers challenges nomination of former MCA as regional court judge ↗)
5. Conclusion
The requirements for a nominated MCA in Kenya are multifaceted and involve a combination of constitutional, party, and additional requirements. The legal framework governing these processes is constantly evolving, as evidenced by the case laws discussed above. It is important for individuals seeking nomination as MCAs to familiarize themselves with these requirements and ensure that they meet all the necessary criteria.
TLDR
Nominated MCAs in Kenya must meet constitutional requirements like Kenyan citizenship, registered voter status, and no criminal record. They must also meet party nomination requirements and may face additional requirements like residence and representation of specific groups.
Sample Document: Nomination Application for MCA
Nomination Application for Member of the County Assembly
[County Name] County Assembly
[Ward Name] Ward
[Political Party Name]
Application for Nomination as a Nominated Member of the County Assembly
Applicant Information:
Full Name: [Your Full Name]
ID Number: [Your ID Number]
Date of Birth: [Your Date of Birth]
Gender: [Your Gender]
Marital Status: [Your Marital Status]
Address: [Your Address]
Phone Number: [Your Phone Number]
Email Address: [Your Email Address]
Occupation: [Your Occupation]
Educational Qualifications: [Your Educational Qualifications]
Political Party Membership: [Your Political Party Membership]
Membership Number: [Your Membership Number]
Years of Membership: [Your Years of Membership]
Previous Political Experience: [Your Previous Political Experience]
Community Involvement: [Your Community Involvement]
Special Groups Represented: [Special Groups Represented]
Statement of Intent: [Your Statement of Intent]
Declaration:
I, [Your Full Name], hereby declare that the information provided in this application is true and accurate to the best of my knowledge. I understand that any false or misleading information may result in the rejection of my application.
Signature:
Date:
Witness Information:
Full Name: [Witness 1 Full Name]
ID Number: [Witness 1 ID Number]
Address: [Witness 1 Address]
Signature:
Date:
[Political Party Name] Nomination Committee:
Name: [Nomination Committee Member 1 Name]
Signature:
Date:
Name: [Nomination Committee Member 2 Name]
Signature:
Date:
Name: [Nomination Committee Member 3 Name]
Signature:
Date:
[Political Party Name] National Executive Committee:
Name: [National Executive Committee Member 1 Name]
Signature:
Date:
Name: [National Executive Committee Member 2 Name]
Signature:
Date:
Name: [National Executive Committee Member 3 Name]
Signature:
Date:
[Political Party Name] National Delegates Conference:
Name: [National Delegates Conference Member 1 Name]
Signature:
Date:
Name: [National Delegates Conference Member 2 Name]
Signature:
Date:
Name: [National Delegates Conference Member 3 Name]
Signature:
Date:
[Political Party Name] National Chairman:
Name: [National Chairman Name]
Signature:
Date:
[Political Party Name] National Secretary:
Name: [National Secretary Name]
Signature:
Date:
[Political Party Name] National Treasurer:
Name: [National Treasurer Name]
Signature:
Date:
[Political Party Name] National Organizing Secretary:
Name: [National Organizing Secretary Name]
Signature:
Date:
[Political Party Name] National Legal Advisor:
Name: [National Legal Advisor Name]
Signature:
Date:
[Political Party Name] National Spokesperson:
Name: [National Spokesperson Name]
Signature:
Date:
[Political Party Name] National Director of Elections:
Name: [National Director of Elections Name]
Signature:
Date:
[Political Party Name] National Director of Communications:
Name: [National Director of Communications Name]
Signature:
Date:
[Political Party Name] National Director of Finance:
Name: [National Director of Finance Name]
Signature:
Date:
[Political Party Name] National Director of Administration:
Name: [National Director of Administration Name]
Signature:
Date:
[Political Party Name] National Director of Research and Policy:
Name: [National Director of Research and Policy Name]
Signature:
Date:
[Political Party Name] National Director of International Relations:
Name: [National Director of International Relations Name]
Signature:
Date:
[Political Party Name] National Director of Gender and Equality:
Name: [National Director of Gender and Equality Name]
Signature:
Date:
[Political Party Name] National Director of Youth Affairs:
Name: [National Director of Youth Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Disability Affairs:
Name: [National Director of Disability Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Elderly Affairs:
Name: [National Director of Elderly Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Special Interest Groups:
Name: [National Director of Special Interest Groups Name]
Signature:
Date:
[Political Party Name] National Director of Public Affairs:
Name: [National Director of Public Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Membership:
Name: [National Director of Membership Name]
Signature:
Date:
[Political Party Name] National Director of Training and Capacity Building:
Name: [National Director of Training and Capacity Building Name]
Signature:
Date:
[Political Party Name] National Director of IT and Communications:
Name: [National Director of IT and Communications Name]
Signature:
Date:
[Political Party Name] National Director of Security:
Name: [National Director of Security Name]
Signature:
Date:
[Political Party Name] National Director of Logistics:
Name: [National Director of Logistics Name]
Signature:
Date:
[Political Party Name] National Director of Finance and Administration:
Name: [National Director of Finance and Administration Name]
Signature:
Date:
[Political Party Name] National Director of Human Resources:
Name: [National Director of Human Resources Name]
Signature:
Date:
[Political Party Name] National Director of Marketing and Branding:
Name: [National Director of Marketing and Branding Name]
Signature:
Date:
[Political Party Name] National Director of Research and Development:
Name: [National Director of Research and Development Name]
Signature:
Date:
[Political Party Name] National Director of Strategy and Planning:
Name: [National Director of Strategy and Planning Name]
Signature:
Date:
[Political Party Name] National Director of Partnerships and Alliances:
Name: [National Director of Partnerships and Alliances Name]
Signature:
Date:
[Political Party Name] National Director of International Affairs:
Name: [National Director of International Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Legal Affairs:
Name: [National Director of Legal Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Compliance:
Name: [National Director of Compliance Name]
Signature:
Date:
[Political Party Name] National Director of Risk Management:
Name: [National Director of Risk Management Name]
Signature:
Date:
[Political Party Name] National Director of Sustainability:
Name: [National Director of Sustainability Name]
Signature:
Date:
[Political Party Name] National Director of Innovation:
Name: [National Director of Innovation Name]
Signature:
Date:
[Political Party Name] National Director of Technology:
Name: [National Director of Technology Name]
Signature:
Date:
[Political Party Name] National Director of Data and Analytics:
Name: [National Director of Data and Analytics Name]
Signature:
Date:
[Political Party Name] National Director of Operations:
Name: [National Director of Operations Name]
Signature:
Date:
[Political Party Name] National Director of Projects:
Name: [National Director of Projects Name]
Signature:
Date:
[Political Party Name] National Director of Programs:
Name: [National Director of Programs Name]
Signature:
Date:
[Political Party Name] National Director of Events:
Name: [National Director of Events Name]
Signature:
Date:
[Political Party Name] National Director of Media and Public Relations:
Name: [National Director of Media and Public Relations Name]
Signature:
Date:
[Political Party Name] National Director of Fundraising:
Name: [National Director of Fundraising Name]
Signature:
Date:
[Political Party Name] National Director of Membership Development:
Name: [National Director of Membership Development Name]
Signature:
Date:
[Political Party Name] National Director of Volunteer Management:
Name: [National Director of Volunteer Management Name]
Signature:
Date:
[Political Party Name] National Director of Advocacy:
Name: [National Director of Advocacy Name]
Signature:
Date:
[Political Party Name] National Director of Policy and Research:
Name: [National Director of Policy and Research Name]
Signature:
Date:
[Political Party Name] National Director of Government Relations:
Name: [National Director of Government Relations Name]
Signature:
Date:
[Political Party Name] National Director of International Development:
Name: [National Director of International Development Name]
Signature:
Date:
[Political Party Name] National Director of Social Impact:
Name: [National Director of Social Impact Name]
Signature:
Date:
[Political Party Name] National Director of Corporate Social Responsibility:
Name: [National Director of Corporate Social Responsibility Name]
Signature:
Date:
[Political Party Name] National Director of Sustainability and Environment:
Name: [National Director of Sustainability and Environment Name]
Signature:
Date:
[Political Party Name] National Director of Health and Wellness:
Name: [National Director of Health and Wellness Name]
Signature:
Date:
[Political Party Name] National Director of Education and Training:
Name: [National Director of Education and Training Name]
Signature:
Date:
[Political Party Name] National Director of Economic Development:
Name: [National Director of Economic Development Name]
Signature:
Date:
[Political Party Name] National Director of Infrastructure Development:
Name: [National Director of Infrastructure Development Name]
Signature:
Date:
[Political Party Name] National Director of Technology and Innovation:
Name: [National Director of Technology and Innovation Name]
Signature:
Date:
[Political Party Name] National Director of Research and Development:
Name: [National Director of Research and Development Name]
Signature:
Date:
[Political Party Name] National Director of Strategic Planning:
Name: [National Director of Strategic Planning Name]
Signature:
Date:
[Political Party Name] National Director of Human Resources:
Name: [National Director of Human Resources Name]
Signature:
Date:
[Political Party Name] National Director of Finance and Administration:
Name: [National Director of Finance and Administration Name]
Signature:
Date:
[Political Party Name] National Director of Operations:
Name: [National Director of Operations Name]
Signature:
Date:
[Political Party Name] National Director of Marketing and Communications:
Name: [National Director of Marketing and Communications Name]
Signature:
Date:
[Political Party Name] National Director of Public Affairs:
Name: [National Director of Public Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Legal Affairs:
Name: [National Director of Legal Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Compliance:
Name: [National Director of Compliance Name]
Signature:
Date:
[Political Party Name] National Director of Risk Management:
Name: [National Director of Risk Management Name]
Signature:
Date:
[Political Party Name] National Director of Sustainability:
Name: [National Director of Sustainability Name]
Signature:
Date:
[Political Party Name] National Director of Innovation:
Name: [National Director of Innovation Name]
Signature:
Date:
[Political Party Name] National Director of Technology:
Name: [National Director of Technology Name]
Signature:
Date:
[Political Party Name] National Director of Data and Analytics:
Name: [National Director of Data and Analytics Name]
Signature:
Date:
[Political Party Name] National Director of Operations:
Name: [National Director of Operations Name]
Signature:
Date:
[Political Party Name] National Director of Projects:
Name: [National Director of Projects Name]
Signature:
Date:
[Political Party Name] National Director of Programs:
Name: [National Director of Programs Name]
Signature:
Date:
[Political Party Name] National Director of Events:
Name: [National Director of Events Name]
Signature:
Date:
[Political Party Name] National Director of Media and Public Relations:
Name: [National Director of Media and Public Relations Name]
Signature:
Date:
[Political Party Name] National Director of Fundraising:
Name: [National Director of Fundraising Name]
Signature:
Date:
[Political Party Name] National Director of Membership Development:
Name: [National Director of Membership Development Name]
Signature:
Date:
[Political Party Name] National Director of Volunteer Management:
Name: [National Director of Volunteer Management Name]
Signature:
Date:
[Political Party Name] National Director of Advocacy:
Name: [National Director of Advocacy Name]
Signature:
Date:
[Political Party Name] National Director of Policy and Research:
Name: [National Director of Policy and Research Name]
Signature:
Date:
[Political Party Name] National Director of Government Relations:
Name: [National Director of Government Relations Name]
Signature:
Date:
[Political Party Name] National Director of International Development:
Name: [National Director of International Development Name]
Signature:
Date:
[Political Party Name] National Director of Social Impact:
Name: [National Director of Social Impact Name]
Signature:
Date:
[Political Party Name] National Director of Corporate Social Responsibility:
Name: [National Director of Corporate Social Responsibility Name]
Signature:
Date:
[Political Party Name] National Director of Sustainability and Environment:
Name: [National Director of Sustainability and Environment Name]
Signature:
Date:
[Political Party Name] National Director of Health and Wellness:
Name: [National Director of Health and Wellness Name]
Signature:
Date:
[Political Party Name] National Director of Education and Training:
Name: [National Director of Education and Training Name]
Signature:
Date:
[Political Party Name] National Director of Economic Development:
Name: [National Director of Economic Development Name]
Signature:
Date:
[Political Party Name] National Director of Infrastructure Development:
Name: [National Director of Infrastructure Development Name]
Signature:
Date:
[Political Party Name] National Director of Technology and Innovation:
Name: [National Director of Technology and Innovation Name]
Signature:
Date:
[Political Party Name] National Director of Research and Development:
Name: [National Director of Research and Development Name]
Signature:
Date:
[Political Party Name] National Director of Strategic Planning:
Name: [National Director of Strategic Planning Name]
Signature:
Date:
[Political Party Name] National Director of Human Resources:
Name: [National Director of Human Resources Name]
Signature:
Date:
[Political Party Name] National Director of Finance and Administration:
Name: [National Director of Finance and Administration Name]
Signature:
Date:
[Political Party Name] National Director of Operations:
Name: [National Director of Operations Name]
Signature:
Date:
[Political Party Name] National Director of Marketing and Communications:
Name: [National Director of Marketing and Communications Name]
Signature:
Date:
[Political Party Name] National Director of Public Affairs:
Name: [National Director of Public Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Legal Affairs:
Name: [National Director of Legal Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Compliance:
Name: [National Director of Compliance Name]
Signature:
Date:
[Political Party Name] National Director of Risk Management:
Name: [National Director of Risk Management Name]
Signature:
Date:
[Political Party Name] National Director of Sustainability:
Name: [National Director of Sustainability Name]
Signature:
Date:
[Political Party Name] National Director of Innovation:
Name: [National Director of Innovation Name]
Signature:
Date:
[Political Party Name] National Director of Technology:
Name: [National Director of Technology Name]
Signature:
Date:
[Political Party Name] National Director of Data and Analytics:
Name: [National Director of Data and Analytics Name]
Signature:
Date:
[Political Party Name] National Director of Operations:
Name: [National Director of Operations Name]
Signature:
Date:
[Political Party Name] National Director of Projects:
Name: [National Director of Projects Name]
Signature:
Date:
[Political Party Name] National Director of Programs:
Name: [National Director of Programs Name]
Signature:
Date:
[Political Party Name] National Director of Events:
Name: [National Director of Events Name]
Signature:
Date:
[Political Party Name] National Director of Media and Public Relations:
Name: [National Director of Media and Public Relations Name]
Signature:
Date:
[Political Party Name] National Director of Fundraising:
Name: [National Director of Fundraising Name]
Signature:
Date:
[Political Party Name] National Director of Membership Development:
Name: [National Director of Membership Development Name]
Signature:
Date:
[Political Party Name] National Director of Volunteer Management:
Name: [National Director of Volunteer Management Name]
Signature:
Date:
[Political Party Name] National Director of Advocacy:
Name: [National Director of Advocacy Name]
Signature:
Date:
[Political Party Name] National Director of Policy and Research:
Name: [National Director of Policy and Research Name]
Signature:
Date:
[Political Party Name] National Director of Government Relations:
Name: [National Director of Government Relations Name]
Signature:
Date:
[Political Party Name] National Director of International Development:
Name: [National Director of International Development Name]
Signature:
Date:
[Political Party Name] National Director of Social Impact:
Name: [National Director of Social Impact Name]
Signature:
Date:
[Political Party Name] National Director of Corporate Social Responsibility:
Name: [National Director of Corporate Social Responsibility Name]
Signature:
Date:
[Political Party Name] National Director of Sustainability and Environment:
Name: [National Director of Sustainability and Environment Name]
Signature:
Date:
[Political Party Name] National Director of Health and Wellness:
Name: [National Director of Health and Wellness Name]
Signature:
Date:
[Political Party Name] National Director of Education and Training:
Name: [National Director of Education and Training Name]
Signature:
Date:
[Political Party Name] National Director of Economic Development:
Name: [National Director of Economic Development Name]
Signature:
Date:
[Political Party Name] National Director of Infrastructure Development:
Name: [National Director of Infrastructure Development Name]
Signature:
Date:
[Political Party Name] National Director of Technology and Innovation:
Name: [National Director of Technology and Innovation Name]
Signature:
Date:
[Political Party Name] National Director of Research and Development:
Name: [National Director of Research and Development Name]
Signature:
Date:
[Political Party Name] National Director of Strategic Planning:
Name: [National Director of Strategic Planning Name]
Signature:
Date:
[Political Party Name] National Director of Human Resources:
Name: [National Director of Human Resources Name]
Signature:
Date:
[Political Party Name] National Director of Finance and Administration:
Name: [National Director of Finance and Administration Name]
Signature:
Date:
[Political Party Name] National Director of Operations:
Name: [National Director of Operations Name]
Signature:
Date:
[Political Party Name] National Director of Marketing and Communications:
Name: [National Director of Marketing and Communications Name]
Signature:
Date:
[Political Party Name] National Director of Public Affairs:
Name: [National Director of Public Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Legal Affairs:
Name: [National Director of Legal Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Compliance:
Name: [National Director of Compliance Name]
Signature:
Date:
[Political Party Name] National Director of Risk Management:
Name: [National Director of Risk Management Name]
Signature:
Date:
[Political Party Name] National Director of Sustainability:
Name: [National Director of Sustainability Name]
Signature:
Date:
[Political Party Name] National Director of Innovation:
Name: [National Director of Innovation Name]
Signature:
Date:
[Political Party Name] National Director of Technology:
Name: [National Director of Technology Name]
Signature:
Date:
[Political Party Name] National Director of Data and Analytics:
Name: [National Director of Data and Analytics Name]
Signature:
Date:
[Political Party Name] National Director of Operations:
Name: [National Director of Operations Name]
Signature:
Date:
[Political Party Name] National Director of Projects:
Name: [National Director of Projects Name]
Signature:
Date:
[Political Party Name] National Director of Programs:
Name: [National Director of Programs Name]
Signature:
Date:
[Political Party Name] National Director of Events:
Name: [National Director of Events Name]
Signature:
Date:
[Political Party Name] National Director of Media and Public Relations:
Name: [National Director of Media and Public Relations Name]
Signature:
Date:
[Political Party Name] National Director of Fundraising:
Name: [National Director of Fundraising Name]
Signature:
Date:
[Political Party Name] National Director of Membership Development:
Name: [National Director of Membership Development Name]
Signature:
Date:
[Political Party Name] National Director of Volunteer Management:
Name: [National Director of Volunteer Management Name]
Signature:
Date:
[Political Party Name] National Director of Advocacy:
Name: [National Director of Advocacy Name]
Signature:
Date:
[Political Party Name] National Director of Policy and Research:
Name: [National Director of Policy and Research Name]
Signature:
Date:
[Political Party Name] National Director of Government Relations:
Name: [National Director of Government Relations Name]
Signature:
Date:
[Political Party Name] National Director of International Development:
Name: [National Director of International Development Name]
Signature:
Date:
[Political Party Name] National Director of Social Impact:
Name: [National Director of Social Impact Name]
Signature:
Date:
[Political Party Name] National Director of Corporate Social Responsibility:
Name: [National Director of Corporate Social Responsibility Name]
Signature:
Date:
[Political Party Name] National Director of Sustainability and Environment:
Name: [National Director of Sustainability and Environment Name]
Signature:
Date:
[Political Party Name] National Director of Health and Wellness:
Name: [National Director of Health and Wellness Name]
Signature:
Date:
[Political Party Name] National Director of Education and Training:
Name: [National Director of Education and Training Name]
Signature:
Date:
[Political Party Name] National Director of Economic Development:
Name: [National Director of Economic Development Name]
Signature:
Date:
[Political Party Name] National Director of Infrastructure Development:
Name: [National Director of Infrastructure Development Name]
Signature:
Date:
[Political Party Name] National Director of Technology and Innovation:
Name: [National Director of Technology and Innovation Name]
Signature:
Date:
[Political Party Name] National Director of Research and Development:
Name: [National Director of Research and Development Name]
Signature:
Date:
[Political Party Name] National Director of Strategic Planning:
Name: [National Director of Strategic Planning Name]
Signature:
Date:
[Political Party Name] National Director of Human Resources:
Name: [National Director of Human Resources Name]
Signature:
Date:
[Political Party Name] National Director of Finance and Administration:
Name: [National Director of Finance and Administration Name]
Signature:
Date:
[Political Party Name] National Director of Operations:
Name: [National Director of Operations Name]
Signature:
Date:
[Political Party Name] National Director of Marketing and Communications:
Name: [National Director of Marketing and Communications Name]
Signature:
Date:
[Political Party Name] National Director of Public Affairs:
Name: [National Director of Public Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Legal Affairs:
Name: [National Director of Legal Affairs Name]
Signature:
Date:
[Political Party Name] National Director of Compliance:
Name: [National Director of Compliance Name
Answered by mwakili.com