Ask a lawyer:
vie as mca and mp requirements law
Introduction
In Kenya, the requirements to vie for the positions of Member of County Assembly (MCA) and Member of Parliament (MP) are governed by various legal frameworks, including the Constitution of Kenya, the Elections Act, and other relevant statutes. These requirements are designed to ensure that candidates meet certain educational, moral, and ethical standards, and are capable of effectively representing their constituents.
Table of Contents
Requirements to Vie as an MCA 1.1 Constitutional Requirements 1.2 Educational Requirements 1.3 Moral and Ethical Requirements 1.4 Disqualifications
Requirements to Vie as an MP 2.1 Constitutional Requirements 2.2 Educational Requirements 2.3 Moral and Ethical Requirements 2.4 Disqualifications
Relevant Case Laws 3.1 High Court Rulings on Educational Requirements 3.2 Other Relevant Judicial Decisions
Conclusion
TLDR
1. Requirements to Vie as an MCA
1.1 Constitutional Requirements
The Constitution of Kenya, 2010, under Article 193, outlines the basic qualifications for a person to be eligible for election as a Member of the County Assembly (MCA). These include:
Voter Registration: The candidate must be a registered voter.
Nomination: The candidate must be either nominated by a political party or run as an independent candidate.
Educational, Moral, and Ethical Requirements: The candidate must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
(Source: Kenya Law - Constitution of Kenya ↗)
1.2 Educational Requirements
Initially, Section 22 of the Elections Act required MCA aspirants to have a university degree. However, this requirement was declared unconstitutional by the High Court in 2021. As a result, MCA candidates are not required to have a university degree to vie for the position.
(Source: Nation - Degree Law on MCA Aspirants Unconstitutional ↗)
1.3 Moral and Ethical Requirements
Candidates must meet the moral and ethical requirements as stipulated under the Leadership and Integrity Act. This includes:
Integrity: Demonstrating integrity in personal and public life.
Ethical Conduct: Adhering to ethical standards in professional and personal conduct.
(Source: Education News Hub - IEBC Requirements for Nominees ↗)
1.4 Disqualifications
A person is disqualified from being elected as an MCA if they:
Hold dual citizenship.
Are of unsound mind.
Are undischarged bankrupts.
Have been convicted of an election offense in the last five years.
(Source: Kenya Law - Constitution of Kenya ↗)
2. Requirements to Vie as an MP
2.1 Constitutional Requirements
The Constitution of Kenya, under Article 99, outlines the qualifications for a person to be eligible for election as a Member of Parliament (MP). These include:
Voter Registration: The candidate must be a registered voter.
Nomination: The candidate must be either nominated by a political party or run as an independent candidate.
Educational, Moral, and Ethical Requirements: The candidate must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
(Source: Kenya Law - Constitution of Kenya ↗)
2.2 Educational Requirements
Similar to the MCA position, Section 22 of the Elections Act initially required MP aspirants to have a university degree. This requirement was also declared unconstitutional by the High Court, making it unnecessary for MP candidates to possess a university degree.
(Source: Tuko - High Court Quashes Degree Requirement ↗)
2.3 Moral and Ethical Requirements
MP candidates must meet the moral and ethical requirements as stipulated under the Leadership and Integrity Act. This includes:
Integrity: Demonstrating integrity in personal and public life.
Ethical Conduct: Adhering to ethical standards in professional and personal conduct.
(Source: Education News Hub - IEBC Requirements for Nominees ↗)
2.4 Disqualifications
A person is disqualified from being elected as an MP if they:
Hold dual citizenship.
Are of unsound mind.
Are undischarged bankrupts.
Have been convicted of an election offense in the last five years.
(Source: Kenya Law - Constitution of Kenya ↗)
3. Relevant Case Laws
3.1 High Court Rulings on Educational Requirements
Case: High Court Petition No. E282 of 2021
Parties: John Doe v. Independent Electoral and Boundaries Commission (IEBC)
Outcome: The High Court declared Section 22 of the Elections Act, which required MCA and MP aspirants to have a university degree, unconstitutional. The court found that the requirement was discriminatory and violated the principles of equality and non-discrimination.
(Source: Nation - Degree Law on MCA Aspirants Unconstitutional ↗)
3.2 Other Relevant Judicial Decisions
Case: Felix Kiprono Matagei v. Attorney General; Law Society of Kenya (Amicus Curiae) [2021] eKLR
Parties: Felix Kiprono Matagei v. Attorney General; Law Society of Kenya (Amicus Curiae)
Outcome: The court upheld the procedural rules in Order 53 of the Civil Procedure Rules, which govern judicial review, stating that they are still in force and have not been repealed.
(Source: Kenya Law - Judicial Miscellaneous Application E159 of 2021 ↗)
Conclusion
The requirements to vie for the positions of MCA and MP in Kenya are primarily governed by the Constitution of Kenya, the Elections Act, and other relevant statutes. While educational requirements initially mandated a university degree, these provisions have been declared unconstitutional, making it unnecessary for candidates to possess such qualifications. However, candidates must still meet the moral and ethical standards as prescribed by law and must not be disqualified under any of the stipulated conditions.
TLDR
To vie for the positions of MCA and MP in Kenya, candidates must be registered voters, meet moral and ethical requirements, and not be disqualified under any stipulated conditions. Educational requirements for a university degree have been declared unconstitutional.
Sources:
Answered by mwakili.com