Ask a lawyer:
vie as mca and mp requirements law

mwakili.com

Introduction
Requirements for Election as a Member of the County Assembly (MCA) 2.1. Citizenship 2.2. Age 2.3. Education 2.4. Registration as a Voter 2.5. Nomination by a Political Party 2.6. Declaration of Assets and Liabilities 2.7. Good Conduct
Requirements for Election as a Member of Parliament (MP) 3.1. Citizenship 3.2. Age 3.3. Education 3.4. Registration as a Voter 3.5. Nomination by a Political Party 3.6. Declaration of Assets and Liabilities 3.7. Good Conduct
Conclusion

Introduction

This response will outline the legal requirements for vying as a Member of the County Assembly (MCA) and a Member of Parliament (MP) in Kenya. The information provided is based on the Constitution of Kenya, 2010, and the Elections Act, 2011.

2. Requirements for Election as a Member of the County Assembly (MCA)

2.1. Citizenship

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of the County Assembly if they are a citizen of Kenya.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of the County Assembly if they are a citizen of Kenya.

2.2. Age

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of the County Assembly if they are at least 18 years of age.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of the County Assembly if they are at least 18 years of age.

2.3. Education

Article 80(1) of the Constitution of Kenya, 2010: There is no specific educational requirement for a person to be elected as a Member of the County Assembly.
Section 10(1) of the Elections Act, 2011: There is no specific educational requirement for a person to be nominated as a candidate for election as a Member of the County Assembly.

2.4. Registration as a Voter

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of the County Assembly if they are registered as a voter in the county.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of the County Assembly if they are registered as a voter in the county.

2.5. Nomination by a Political Party

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of the County Assembly if they are nominated by a political party.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of the County Assembly if they are nominated by a political party.

2.6. Declaration of Assets and Liabilities

Article 75(1) of the Constitution of Kenya, 2010: All State officers, including Members of the County Assembly, are required to declare their assets and liabilities to the Ethics and Anti-Corruption Commission (EACC).
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of the County Assembly if they have declared their assets and liabilities to the EACC.

2.7. Good Conduct

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of the County Assembly if they are of good conduct.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of the County Assembly if they are of good conduct.

3. Requirements for Election as a Member of Parliament (MP)

3.1. Citizenship

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of Parliament if they are a citizen of Kenya.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of Parliament if they are a citizen of Kenya.

3.2. Age

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of Parliament if they are at least 18 years of age.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of Parliament if they are at least 18 years of age.

3.3. Education

Article 80(1) of the Constitution of Kenya, 2010: There is no specific educational requirement for a person to be elected as a Member of Parliament.
Section 10(1) of the Elections Act, 2011: There is no specific educational requirement for a person to be nominated as a candidate for election as a Member of Parliament.

3.4. Registration as a Voter

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of Parliament if they are registered as a voter in the constituency.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of Parliament if they are registered as a voter in the constituency.

3.5. Nomination by a Political Party

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of Parliament if they are nominated by a political party.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of Parliament if they are nominated by a political party.

3.6. Declaration of Assets and Liabilities

Article 75(1) of the Constitution of Kenya, 2010: All State officers, including Members of Parliament, are required to declare their assets and liabilities to the Ethics and Anti-Corruption Commission (EACC).
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of Parliament if they have declared their assets and liabilities to the EACC.

3.7. Good Conduct

Article 80(1) of the Constitution of Kenya, 2010: A person is qualified to be elected as a Member of Parliament if they are of good conduct.
Section 10(1) of the Elections Act, 2011: A person is qualified to be nominated as a candidate for election as a Member of Parliament if they are of good conduct.

4. Conclusion

In summary, to be eligible to vie for either MCA or MP positions in Kenya, individuals must meet specific requirements outlined in the Constitution of Kenya, 2010, and the Elections Act, 2011. These requirements include citizenship, age, registration as a voter, nomination by a political party, declaration of assets and liabilities, and good conduct. It is crucial for aspiring candidates to familiarize themselves with these legal provisions to ensure they meet the necessary qualifications for participation in the electoral process.