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vie as mca requirements law

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Introduction

In Kenya, the position of a Member of County Assembly (MCA) is a significant role within the devolved system of government. MCAs are responsible for representing the interests of their wards, making laws at the county level, and overseeing the executive functions of the county government. To vie for the position of an MCA, there are specific legal requirements and qualifications that candidates must meet. These requirements are stipulated by the Independent Electoral and Boundaries Commission (IEBC) and are guided by the Constitution of Kenya, the Elections Act, and other relevant laws.

Legal Framework Governing MCA Elections
Qualifications for Vying as an MCA
1. Citizenship and Voter Registration
2. Educational Requirements
3. Integrity and Ethical Standards
4. Nomination by a Political Party or as an Independent Candidate
Disqualifications for Vying as an MCA
Relevant Case Laws
Conclusion
TLDR

1. Legal Framework Governing MCA Elections

The legal framework governing the election of MCAs in Kenya includes:

The Constitution of Kenya, 2010: This is the supreme law of the land and provides the foundational principles for the election of MCAs.
The Elections Act, No. 24 of 2011: This Act provides detailed provisions on the conduct of elections, including the qualifications and disqualifications for candidates.
The Leadership and Integrity Act, No. 19 of 2012: This Act outlines the ethical and integrity standards required of public officers, including MCAs.
The County Governments Act, No. 17 of 2012: This Act provides for the functions and responsibilities of county governments and their assemblies.

2. Qualifications for Vying as an MCA

2.1 Citizenship and Voter Registration

To vie for the position of an MCA, a candidate must:

Be a Kenyan citizen.
Be a registered voter in the ward they intend to represent.

Source: Kenya Law Reports - Constitution of Kenya ↗

2.2 Educational Requirements

Initially, the Elections Act required candidates for the position of MCA to have a university degree. However, this requirement has been subject to legal challenges and changes. In 2021, the High Court declared the requirement for a university degree for MCA aspirants unconstitutional.

Current Status: As of the latest legal updates, a university degree is not mandatory for MCA candidates.

Source: Nation - Degree Law on MCA Aspirants Unconstitutional ↗

2.3 Integrity and Ethical Standards

Candidates must meet the integrity and ethical standards as outlined in Chapter Six of the Constitution and the Leadership and Integrity Act. This includes:

Demonstrating honesty and integrity in personal and public life.
Not having been convicted of a crime involving dishonesty or moral turpitude.

Source: Kenya Law Reports - Leadership and Integrity Act ↗

2.4 Nomination by a Political Party or as an Independent Candidate

Candidates can vie for the position of MCA either through nomination by a political party or as independent candidates. The requirements include:

Political Party Nomination: Must be nominated by a registered political party.
Independent Candidate: Must be supported by at least 500 registered voters in the ward they intend to represent.

Source: Kenya Law Reports - Elections Act ↗

3. Disqualifications for Vying as an MCA

Certain conditions disqualify individuals from vying for the position of MCA. These include:

Holding Dual Citizenship: Unless the person has dual citizenship by birth.
Public Officers: Public officers must resign from their positions at least six months before the election date.
Bankruptcy: Being declared bankrupt.
Criminal Convictions: Having been convicted of an offense and sentenced to imprisonment for a period of at least six months.

Source: Kenya Law Reports - Constitution of Kenya ↗

4. Relevant Case Laws

4.1 Case: Degree Requirement for MCA Aspirants

Case Name: High Court Petition No. 12 of 2021
Parties: Various Petitioners vs. Independent Electoral and Boundaries Commission (IEBC)
Outcome: The High Court declared the requirement for MCA aspirants to have a university degree unconstitutional.
Relevance: This case is significant as it directly impacted the qualifications for MCA candidates, removing the university degree requirement.

Source: Nation - Degree Law on MCA Aspirants Unconstitutional ↗

4.2 Case: Leadership and Integrity

Case Name: Trusted Society of Human Rights Alliance vs. Attorney General & 2 others [2012] eKLR
Parties: Trusted Society of Human Rights Alliance vs. Attorney General, Ethics and Anti-Corruption Commission, and the Independent Electoral and Boundaries Commission
Outcome: The court emphasized the importance of Chapter Six of the Constitution on leadership and integrity, reinforcing the need for public officers to uphold high ethical standards.
Relevance: This case underscores the integrity requirements for MCA candidates.

Source: Kenya Law Reports - Trusted Society of Human Rights Alliance vs. Attorney General & 2 others ↗

Conclusion

Vying for the position of a Member of County Assembly (MCA) in Kenya requires adherence to specific legal qualifications and standards. These include being a Kenyan citizen, being a registered voter, meeting integrity and ethical standards, and either being nominated by a political party or supported by registered voters as an independent candidate. The legal landscape has evolved, particularly concerning educational requirements, with the High Court ruling that a university degree is not mandatory for MCA aspirants. Understanding these requirements is crucial for any individual aspiring to serve as an MCA and contribute to the governance and development of their county.

TLDR

To vie for the position of MCA in Kenya, candidates must be Kenyan citizens, registered voters, meet integrity and ethical standards, and be nominated by a political party or supported by registered voters as independent candidates. A university degree is not mandatory following a High Court ruling.

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