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vie as mca and mp requirements law
Introduction
In Kenya, the requirements for vying for the positions of Member of County Assembly (MCA) and Member of Parliament (MP) are governed by the Constitution of Kenya, the Elections Act, and various other legal frameworks. These requirements ensure that candidates meet certain educational, moral, and ethical standards, and are capable of representing their constituents effectively. This comprehensive guide will delve into the specific qualifications and disqualifications for both MCA and MP positions, supported by relevant case laws and legal precedents.
Table of Contents
Requirements for Vying as a Member of County Assembly (MCA) 1.1 Constitutional Provisions 1.2 Educational Requirements 1.3 Moral and Ethical Requirements 1.4 Nomination by Political Party or Independent Candidacy 1.5 Disqualifications
Requirements for Vying as a Member of Parliament (MP) 2.1 Constitutional Provisions 2.2 Educational Requirements 2.3 Moral and Ethical Requirements 2.4 Nomination by Political Party or Independent Candidacy 2.5 Disqualifications
Relevant Case Laws and Legal Precedents 3.1 High Court Rulings on Educational Requirements 3.2 Other Relevant Case Laws
Conclusion
TLDR
1. Requirements for Vying as a Member of County Assembly (MCA)
1.1 Constitutional Provisions
The Constitution of Kenya, under Article 193, outlines the qualifications for election as a Member of County Assembly. According to this article, a person is eligible for election as an MCA if they:
Are registered as a voter.
Satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
Are either nominated by a political party or are an independent candidate.
(Source: Kenya Law Reform Commission ↗)
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 it stands, there is no mandatory university degree requirement for MCA candidates.
(Source: Nation ↗)
1.3 Moral and Ethical Requirements
Candidates must meet the moral and ethical standards as prescribed by the Constitution and relevant laws. This includes adherence to Chapter Six of the Constitution, which deals with leadership and integrity.
1.4 Nomination by Political Party or Independent Candidacy
Candidates can either be nominated by a political party or run as independent candidates. Independent candidates must meet additional requirements, such as collecting a specified number of signatures from registered voters in their respective wards.
1.5 Disqualifications
A person is disqualified from being elected as an MCA if they:
Are a state officer or other public officer, other than a member of the county assembly.
Have been declared bankrupt.
Have been sentenced to imprisonment for at least six months.
Have been found, in accordance with any law, to have misused or abused a state or public office.
2. Requirements for Vying as a Member of Parliament (MP)
2.1 Constitutional Provisions
Article 99 of the Constitution of Kenya outlines the qualifications for election as a Member of Parliament. A person is eligible for election as an MP if they:
Are registered as a voter.
Satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
Are either nominated by a political party or are an independent candidate.
(Source: Kenya Law Reform Commission ↗)
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 has faced legal challenges, and its enforcement has been inconsistent. As of the latest rulings, the degree requirement is still a contentious issue.
(Source: The Star ↗)
2.3 Moral and Ethical Requirements
MP candidates must also meet the moral and ethical standards as prescribed by the Constitution and relevant laws, including adherence to Chapter Six of the Constitution on leadership and integrity.
2.4 Nomination by Political Party or Independent Candidacy
Candidates can either be nominated by a political party or run as independent candidates. Independent candidates must meet additional requirements, such as collecting a specified number of signatures from registered voters in their respective constituencies.
2.5 Disqualifications
A person is disqualified from being elected as an MP if they:
Are a state officer or other public officer, other than a member of Parliament.
Have been declared bankrupt.
Have been sentenced to imprisonment for at least six months.
Have been found, in accordance with any law, to have misused or abused a state or public office.
3. Relevant Case Laws and Legal Precedents
3.1 High Court Rulings on Educational Requirements
Case: High Court Ruling on Degree Requirement for MCAs
Parties: Various petitioners vs. IEBC and others
Outcome: The High Court declared Section 22 of the Elections Act, which required MCA aspirants to have a university degree, unconstitutional.
Relevance: This ruling significantly impacted the qualifications for MCA candidates, removing the mandatory degree requirement.
(Source: Nation ↗)
Case: High Court Ruling on Degree Requirement for MPs
Parties: Various petitioners vs. IEBC and others
Outcome: The High Court ruled that the degree requirement for MP aspirants was unconstitutional.
Relevance: This ruling has created ambiguity around the educational requirements for MP candidates, leading to ongoing legal and political debates.
(Source: The Star ↗)
3.2 Other Relevant Case Laws
Case: Anarita Karimi Njeru vs. The Republic (No. 1) [1979] eKLR
Parties: Anarita Karimi Njeru vs. The Republic
Outcome: The court established the principle that a constitutional petition must be pleaded with reasonable precision.
Relevance: This case is often cited in constitutional petitions challenging the qualifications and disqualifications of candidates.
(Source: Kenya Law ↗)
Case: Trusted Society of Human Rights Alliance vs. Attorney General & 2 others [2012] eKLR
Parties: Trusted Society of Human Rights Alliance vs. Attorney General & 2 others
Outcome: The court emphasized the importance of adhering to Chapter Six of the Constitution on leadership and integrity.
Relevance: This case underscores the moral and ethical requirements for candidates vying for public office.
(Source: Kenya Law ↗)
Conclusion
The requirements for vying for the positions of MCA and MP in Kenya are designed to ensure that candidates are qualified, both educationally and ethically, to represent their constituents. While the educational requirements have faced legal challenges, the moral and ethical standards remain a crucial aspect of the qualifications. Understanding these requirements and the relevant legal precedents is essential for any aspiring candidate.
TLDR
To vie for the positions of MCA or MP in Kenya, candidates must meet specific voter registration, moral, and ethical requirements. The educational requirement for a university degree has been declared unconstitutional for MCAs and is contentious for MPs. Candidates can be nominated by a political party or run as independents, and there are specific disqualifications related to bankruptcy, imprisonment, and misuse of public office.
Sources
Answered by mwakili.com