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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 stipulated in various legal documents, including the Constitution of Kenya, the Elections Act, and other relevant statutes. This response will outline the legal requirements for both positions, providing a comprehensive guide for prospective candidates.
Table of Contents
Legal Framework
1.1 Constitution of Kenya
1.2 Elections Act
1.3 Leadership and Integrity Act
Requirements to Vie as a Member of County Assembly (MCA)
2.1 Constitutional Requirements
2.2 Elections Act Requirements
2.3 Leadership and Integrity Requirements
Requirements to Vie as a Member of Parliament (MP)
3.1 Constitutional Requirements
3.2 Elections Act Requirements
3.3 Leadership and Integrity Requirements
Conclusion
1. Legal Framework
1.1 Constitution of Kenya
Article 99: Qualifications and disqualifications for election as a Member of Parliament.
Article 193: Qualifications and disqualifications for election as a Member of County Assembly.
1.2 Elections Act
Section 22: Qualifications for nomination of candidates.
Section 24: Disqualifications for nomination as a candidate.
1.3 Leadership and Integrity Act
Section 13: General leadership and integrity code for State officers.
2. Requirements to Vie as a Member of County Assembly (MCA)
2.1 Constitutional Requirements
Article 193(1) of the Constitution of Kenya outlines the qualifications for election as an MCA:
Must be a registered voter.
Must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
Must be either:
Nominated by a political party, or
An independent candidate supported by at least 500 registered voters in the ward concerned.
2.2 Elections Act Requirements
Section 22(1) of the Elections Act stipulates that a person may be nominated as a candidate for an election under this Act only if the person:
Is qualified to be elected to that office under the Constitution and this Act.
Holds a post-secondary school qualification recognized in Kenya.
Section 24 of the Elections Act lists disqualifications, including:
Being a public officer or acting in any State or other public office other than a member of the County Assembly.
Being of unsound mind.
Being an undischarged bankrupt.
Having been sentenced to imprisonment for at least six months, as at the date of registration as a candidate, or at the date of election.
Having been found, in accordance with any law, to have misused or abused a State office or public office or to have contravened Chapter Six of the Constitution.
2.3 Leadership and Integrity Requirements
Section 13 of the Leadership and Integrity Act requires that State officers, including MCAs, must:
Demonstrate respect for the people.
Bring honor to the nation and dignity to the office.
Promote public confidence in the integrity of the office.
Avoid any conflict between personal interests and public or official duties.
3. Requirements to Vie as a Member of Parliament (MP)
3.1 Constitutional Requirements
Article 99(1) of the Constitution of Kenya outlines the qualifications for election as an MP:
Must be a registered voter.
Must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
Must be either:
Nominated by a political party, or
An independent candidate supported by at least 1,000 registered voters in the constituency concerned.
3.2 Elections Act Requirements
Section 22(1) of the Elections Act stipulates that a person may be nominated as a candidate for an election under this Act only if the person:
Is qualified to be elected to that office under the Constitution and this Act.
Holds a post-secondary school qualification recognized in Kenya.
Section 24 of the Elections Act lists disqualifications, including:
Being a public officer or acting in any State or other public office other than a member of Parliament.
Being of unsound mind.
Being an undischarged bankrupt.
Having been sentenced to imprisonment for at least six months, as at the date of registration as a candidate, or at the date of election.
Having been found, in accordance with any law, to have misused or abused a State office or public office or to have contravened Chapter Six of the Constitution.
3.3 Leadership and Integrity Requirements
Section 13 of the Leadership and Integrity Act requires that State officers, including MPs, must:
Demonstrate respect for the people.
Bring honor to the nation and dignity to the office.
Promote public confidence in the integrity of the office.
Avoid any conflict between personal interests and public or official duties.
Conclusion
The requirements to vie for the positions of Member of County Assembly (MCA) and Member of Parliament (MP) in Kenya are clearly outlined in the Constitution of Kenya, the Elections Act, and the Leadership and Integrity Act. Prospective candidates must meet specific qualifications, including being registered voters, meeting educational requirements, and adhering to moral and ethical standards. Additionally, they must avoid disqualifications such as being public officers, being of unsound mind, or having a criminal record. These legal provisions ensure that only qualified and integrity-driven individuals can vie for these important public offices.
Answered by mwakili.com