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vie as mca requirements law

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Introduction
Requirements for MCA Candidacy
Conclusion

Introduction

This response will address the requirements for becoming a Member of the County Assembly (MCA) in Kenya, as outlined in the Constitution of Kenya, 2010 and the Elections Act, 2011.

Requirements for MCA Candidacy

1. Eligibility Criteria

The Constitution of Kenya, 2010 outlines the eligibility criteria for MCA candidates. These include:

Citizenship: A candidate must be a Kenyan citizen. (Article 81(1)(a) of the Constitution of Kenya, 2010)
Age: The candidate must be at least 18 years old. (Article 81(1)(b) of the Constitution of Kenya, 2010)
Registration as a Voter: The candidate must be registered as a voter in the county in which they are seeking election. (Article 81(1)(c) of the Constitution of Kenya, 2010)
Mental Capacity: The candidate must be of sound mind and not be declared bankrupt or insolvent by a court of law. (Article 81(1)(d) of the Constitution of Kenya, 2010)
No Criminal Conviction: The candidate must not have been convicted of an offense involving dishonesty or moral turpitude, or any other offense for which a sentence of imprisonment for a term of not less than six months has been imposed. (Article 81(1)(e) of the Constitution of Kenya, 2010)

2. Additional Requirements

The Elections Act, 2011 further outlines additional requirements for MCA candidates:

Nomination Papers: Candidates must submit nomination papers to the Independent Electoral and Boundaries Commission (IEBC) within the stipulated timeframe. (Section 10 of the Elections Act, 2011)
Nomination Fee: Candidates must pay a nomination fee as prescribed by the IEBC. (Section 10 of the Elections Act, 2011)
Party Affiliation: Candidates must be nominated by a political party or as an independent candidate. (Section 10 of the Elections Act, 2011)
Declaration of Assets: Candidates must declare their assets and liabilities to the IEBC. (Section 11 of the Elections Act, 2011)
Campaign Finance: Candidates must comply with the campaign finance regulations set out in the Elections Act, 2011. (Section 12 of the Elections Act, 2011)

3. Disqualifications

The Constitution of Kenya, 2010 and the Elections Act, 2011 also outline disqualifications for MCA candidates:

Dual Citizenship: A person who is a citizen of another country is ineligible to be an MCA. (Article 81(2) of the Constitution of Kenya, 2010)
Holding Public Office: A person holding a public office is ineligible to be an MCA. (Article 81(3) of the Constitution of Kenya, 2010)
Bankruptcy or Insolvency: A person who has been declared bankrupt or insolvent by a court of law is ineligible to be an MCA. (Article 81(1)(d) of the Constitution of Kenya, 2010)
Criminal Conviction: A person who has been convicted of an offense involving dishonesty or moral turpitude, or any other offense for which a sentence of imprisonment for a term of not less than six months has been imposed, is ineligible to be an MCA. (Article 81(1)(e) of the Constitution of Kenya, 2010)
Failure to Meet Nomination Requirements: A candidate who fails to meet the nomination requirements set out in the Elections Act, 2011 is ineligible to be an MCA. (Section 10 of the Elections Act, 2011)

Conclusion

In summary, to vie for the position of MCA in Kenya, a candidate must meet the eligibility criteria outlined in the Constitution of Kenya, 2010 and the Elections Act, 2011. These include being a Kenyan citizen, being at least 18 years old, being registered as a voter in the county, being of sound mind, not having been convicted of certain offenses, and meeting the additional requirements set out in the Elections Act, 2011. Candidates must also avoid the disqualifications outlined in the Constitution and the Elections Act.