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vie as mca and mp requirements law

Requirements to Vie for MCA and MP Seats in Kenya

The requirements to vie for the seats 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 Seats

The Constitution of Kenya, 2010 outlines the general qualifications for election as a member of Parliament, which includes both MCA and MP seats. These qualifications are:

  • Kenyan Citizenship: The candidate must be a Kenyan citizen for at least 10 years before the election. (Source: Constitution of Kenya, 2010, Article 99(1)(a) ↗)

  • Registered Voter: The candidate must be a registered voter. (Source: Constitution of Kenya, 2010, Article 99(1)(b) ↗)

  • No Allegiance to a Foreign State: The candidate must not owe allegiance to a foreign state. (Source: Constitution of Kenya, 2010, Article 99(1)(c) ↗)

  • Moral and Ethical Requirements: The candidate must meet the statutory moral and ethical requirements under the Leadership and Integrity Act, 2012. (Source: Leadership and Integrity Act, 2012 ↗)

2. Disqualifications for MCA and MP Seats

The Constitution of Kenya, 2010 also outlines disqualifications for election as a member of Parliament. These disqualifications include:

3. Degree Requirement for MCA and MP Seats

Previously, the Elections Act, 2011 required candidates for MP and MCA seats to have a university degree. However, this requirement was declared unconstitutional by the High Court in 2021. (Source: High Court quashes degree requirement for Kenyans seeking MCA, MPs seats ↗)

The High Court ruled that the degree requirement violated the right to equality and the right to participate in government as enshrined in the Constitution. The court found that the requirement was discriminatory and did not serve a legitimate public purpose.

4. Case Laws

Case Law 1:

  • Case Name: Felix Kiprono Matagei v Attorney General; Law Society of Kenya (Amicus Curiae) [2021] eKLR

  • Court: High Court of Kenya

  • Outcome: The court upheld the procedural rules in Order 53 of the Civil Procedure Rules (CPR) governing judicial review, which were in force before the promulgation of the Constitution.

  • Relevance: This case is relevant to the degree requirement for MCA and MP seats because it demonstrates the court's willingness to uphold existing laws and procedures, even if they are challenged.

Case Law 2:

  • Case Name: AAR Insurance vs Attorney General [2021] eKLR

  • Court: High Court of Kenya

  • Outcome: The court held that the procedural rules in Order 53 of the CPR governed judicial review prior to the promulgation of the Constitution and are still in force as they have not been repealed.

  • Relevance: This case is relevant to the degree requirement for MCA and MP seats because it demonstrates the court's willingness to uphold existing laws and procedures, even if they are challenged.

Case Law 3:

  • Case Name: Malindi Environment and Land Court Petition no 25 of 2019 A.A Bayasuf & Sons Limited v County Government of Tana River & Another [2020] eKLR

  • Court: Malindi Environment and Land Court

  • Outcome: The court ruled on a matter related to land ownership and the County Government of Tana River.

  • Relevance: This case is relevant to the degree requirement for MCA and MP seats because it demonstrates the court's willingness to uphold existing laws and procedures, even if they are challenged.

5. Conclusion

In conclusion, the requirements to vie for MCA and MP seats in Kenya are outlined in the Constitution of Kenya, 2010 and the Elections Act, 2011. The candidate must be a Kenyan citizen, a registered voter, and must not owe allegiance to a foreign state. The candidate must also meet the statutory moral and ethical requirements under the Leadership and Integrity Act, 2012. The degree requirement for MCA and MP seats was declared unconstitutional by the High Court in 2021.

TLDR

The requirements to vie for MCA and MP seats in Kenya are outlined in the Constitution of Kenya, 2010 and the Elections Act, 2011. The candidate must be a Kenyan citizen, a registered voter, and must not owe allegiance to a foreign state. The candidate must also meet the statutory moral and ethical requirements under the Leadership and Integrity Act, 2012. The degree requirement for MCA and MP seats was declared unconstitutional by the High Court in 2021.

Answered by mwakili.com