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vie as mca and mp requirements law

mwakili.com

M-Wakili's Response

The requirements for vying for the positions of Member of County Assembly (MCA) and Member of Parliament (MP) in Kenya are outlined in the Constitution of Kenya, 2010 and the Elections Act, 2011.

1. Qualifications for MCA and MP

1.1 Kenyan Citizenship

A candidate must be a Kenyan citizen by birth or naturalization.
They must have been a Kenyan citizen for at least 10 years before the election.
They must not hold dual citizenship, unless the citizenship of the other country was obtained by operation of law without the capacity to opt-out.

1.2 Age Requirement

A candidate must be at least 18 years old.

1.3 Educational Qualification

The requirement for a university degree for MCA and MP aspirants was declared unconstitutional by the High Court of Kenya in 2021.
This means that a university degree is no longer a mandatory requirement for vying for these positions.

1.4 Other Requirements

A candidate must be registered as a voter in the constituency or county they are vying for.
They must be nominated by a political party or as an independent candidate.
They must submit their nomination papers to the Independent Electoral and Boundaries Commission (IEBC) within the stipulated timeframe.

2. Disqualifications for MCA and MP

2.1 Mental Incapacity

A person is disqualified from being elected as an MCA or MP if they are found to be mentally incapacitated.

2.2 Bankruptcy

A person is disqualified from being elected as an MCA or MP if they are declared bankrupt.

2.3 Criminal Conviction

A person is disqualified from being elected as an MCA or MP if they have been convicted of a criminal offense and sentenced to imprisonment for a term of not less than six months.

2.4 Holding Public Office

A person is disqualified from being elected as an MCA or MP if they hold a public office that is incompatible with the position they are vying for.

2.5 Other Disqualifications

A person is disqualified from being elected as an MCA or MP if they are a member of the armed forces or the police service.
A person is disqualified from being elected as an MCA or MP if they are a member of the judiciary.

3. Case Laws

3.1 Felix Kiprono Matagei v Attorney General; Law Society of Kenya (Amicus Curiae) [2021] eKLR

This case involved a challenge to the requirement for a university degree for MCA and MP aspirants.
The High Court ruled that the requirement was unconstitutional and discriminatory.
The court found that the requirement violated the right to equality and the right to participate in government as enshrined in the Constitution.

3.2 AAR Insurance vs. The Attorney General (HCJR Case No. E087 of 2021)

This case involved a challenge to the procedural rules governing judicial review in Kenya.
The court held that the procedural rules in Order 53 of the Civil Procedure Rules (CPR) governed judicial review prior to the promulgation of the Constitution and are still in force as they have not been repealed.

4. Conclusion

The requirements for vying for the positions of MCA and MP in Kenya are outlined in the Constitution and the Elections Act. The most significant change in recent years has been the removal of the requirement for a university degree. This decision was made by the High Court in 2021, which found that the requirement was unconstitutional and discriminatory.

5. TLDR

The requirements for vying for MCA and MP in Kenya include Kenyan citizenship, age, and registration as a voter. The requirement for a university degree has been removed.

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