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vie as mca requirements law

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Introduction

The position of a Member of County Assembly (MCA) in Kenya is a significant role within the devolved system of government. The requirements to vie for this position 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 one to vie for the position of MCA in Kenya.

Constitutional Requirements
- 1.1 Citizenship
- 1.2 Age
- 1.3 Voter Registration
- 1.4 Educational Qualifications
- 1.5 Integrity and Ethics
Elections Act Requirements
- 2.1 Nomination by a Political Party or as an Independent Candidate
- 2.2 Compliance with Electoral Code of Conduct
- 2.3 Nomination Fees
Other Legal Requirements
- 3.1 Declaration of Wealth
- 3.2 Adherence to Campaign Financing Regulations
Disqualifications
- 4.1 Holding Dual Citizenship
- 4.2 Involvement in Public Office Misconduct
- 4.3 Mental Incapacity
- 4.4 Bankruptcy
Conclusion

1. Constitutional Requirements

1.1 Citizenship

Source: Constitution of Kenya, Article 193(1)(a)
Requirement: The candidate must be a citizen of Kenya.

1.2 Age

Source: Constitution of Kenya, Article 193(1)(b)
Requirement: The candidate must be at least 18 years old.

1.3 Voter Registration

Source: Constitution of Kenya, Article 193(1)(c)
Requirement: The candidate must be a registered voter.

1.4 Educational Qualifications

Source: Constitution of Kenya, Article 193(1)(b)
Requirement: The candidate must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament. The Elections Act, 2011, Section 22(1)(b) specifies that a candidate must have a post-secondary school qualification recognized in Kenya.

1.5 Integrity and Ethics

Source: Constitution of Kenya, Chapter Six (Leadership and Integrity)
Requirement: The candidate must adhere to the principles of leadership and integrity as outlined in Chapter Six of the Constitution. This includes honesty, accountability, and transparency.

2. Elections Act Requirements

2.1 Nomination by a Political Party or as an Independent Candidate

Source: Elections Act, 2011, Section 32
Requirement: The candidate must be nominated by a political party or run as an independent candidate. Independent candidates must not be members of any political party for at least three months before the election date.

2.2 Compliance with Electoral Code of Conduct

Source: Elections Act, 2011, Section 110
Requirement: The candidate must comply with the Electoral Code of Conduct, which includes guidelines on campaign conduct, use of resources, and behavior during the election period.

2.3 Nomination Fees

Source: Elections Act, 2011, Section 34
Requirement: The candidate must pay the prescribed nomination fees to the Independent Electoral and Boundaries Commission (IEBC). As of the latest regulations, the fee for an MCA candidate is Ksh 5,000 for men and Ksh 2,500 for women, youth, and persons with disabilities.

3. Other Legal Requirements

3.1 Declaration of Wealth

Source: Public Officer Ethics Act, 2003, Section 26
Requirement: The candidate must declare their wealth, including assets, liabilities, and business interests, to promote transparency and accountability.

3.2 Adherence to Campaign Financing Regulations

Source: Election Campaign Financing Act, 2013
Requirement: The candidate must adhere to the regulations on campaign financing, including limits on expenditure and disclosure of sources of campaign funds.

4. Disqualifications

4.1 Holding Dual Citizenship

Source: Constitution of Kenya, Article 78(2)
Disqualification: A person holding dual citizenship is disqualified from being elected as an MCA unless they have renounced their foreign citizenship.

4.2 Involvement in Public Office Misconduct

Source: Constitution of Kenya, Article 193(2)(g)
Disqualification: A person who has been found, in accordance with any law, to have misused or abused a state or public office or contravened Chapter Six of the Constitution is disqualified.

4.3 Mental Incapacity

Source: Constitution of Kenya, Article 193(2)(a)
Disqualification: A person declared to be of unsound mind by a court of competent jurisdiction is disqualified.

4.4 Bankruptcy

Source: Constitution of Kenya, Article 193(2)(b)
Disqualification: A person who is an undischarged bankrupt is disqualified from vying for the position of MCA.

Conclusion

Vying for the position of a Member of County Assembly (MCA) in Kenya requires adherence to a set of constitutional, statutory, and regulatory requirements. These include being a Kenyan citizen, being of legal age, being a registered voter, meeting educational qualifications, and upholding integrity and ethical standards. Additionally, candidates must comply with the Elections Act, including nomination procedures, fees, and the Electoral Code of Conduct. Other legal requirements include the declaration of wealth and adherence to campaign financing regulations. Disqualifications include holding dual citizenship, involvement in public office misconduct, mental incapacity, and bankruptcy. These requirements ensure that candidates for the position of MCA are qualified, transparent, and accountable to the public they seek to serve.