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vie as mca requirements law
M-Wakili's Response
To vie for the position of a Member of the County Assembly (MCA) in Kenya, you must meet certain requirements as stipulated by the law. These requirements are outlined in the Constitution of Kenya, 2010, and the Elections Act, 2011.
Table of Contents
Eligibility Requirements for MCA Candidates
Citizenship
Voter Registration
Age
Education
Integrity and Moral Character
Independent Candidates
Disqualifications for MCA Candidates
Case Laws
Conclusion
TLDR
1. Eligibility Requirements for MCA Candidates
1.1 Citizenship
You must be a Kenyan citizen for at least ten years before the election. This requirement ensures that candidates have a deep understanding of the country's issues and are committed to serving its people.
1.2 Voter Registration
You must be a registered voter in the ward where you are seeking election. This requirement ensures that candidates are part of the electorate and have a stake in the democratic process.
1.3 Age
There is no minimum age requirement to be an MCA in Kenya. However, you must be at least 18 years old to be eligible to vote.
1.4 Education
The requirement for a university degree to vie for the MCA position was declared unconstitutional by the High Court in 2021. This means that you do not need a university degree to be an MCA candidate.
1.5 Integrity and Moral Character
You must meet the statutory moral and ethical requirements under the Leadership and Integrity Act. This means that you must not have been convicted of any serious crime, and you must be of good character.
1.6 Independent Candidates
If you are an independent candidate, you must be supported by at least five hundred registered voters in the ward concerned. This requirement ensures that independent candidates have a significant level of support within the community.
2. Disqualifications for MCA Candidates
In addition to the eligibility requirements, there are also certain disqualifications that prevent individuals from vying for the MCA position. These disqualifications include:
Being an undischarged bankrupt
Being a person of unsound mind
Being subject to a sentence of imprisonment of at least six months from the date of registration of candidates or date of elections
Having been found to have abused or misused state or public office or contravened Chapter Six of the Constitution
3. Case Laws
3.1 Alton Homes Limited & John Kangogo v Davis Nathan Chelogoi, John Nduati Njuguna, Samuel Kugega Ndegwa, Joshua Omondi Hallonda, Transnational Bank Ltd & Commercial Bank of Africa Ltd (Civil Appeal 583 of 2019)
This case involved a dispute over land ownership. The Court of Appeal held that the trial court had erred in its judgment and ordered a retrial. This case is relevant to the topic of MCA requirements because it demonstrates the importance of following proper legal procedures in all matters, including elections.
3.2 Mukunzu v Nthenge & 5 others (Environment & Land Case E095 of 2021)
This case involved a dispute over land ownership. The Environment and Land Court at Machakos held that the plaintiff had failed to prove his claim and dismissed the case. This case is relevant to the topic of MCA requirements because it demonstrates the importance of providing evidence to support your claims in legal proceedings.
3.3 Tax Appeal E129 of 2023
This case involved a dispute over a tax assessment. The Tax Appeals Tribunal held that the respondent had erred in its assessment and ordered a refund to the appellant. This case is relevant to the topic of MCA requirements because it demonstrates the importance of understanding and complying with tax laws.
3.4 Civil Appeal 185 of 2015
This case involved a dispute over a road accident. The Court of Appeal held that the trial court had erred in its judgment and ordered a retrial. This case is relevant to the topic of MCA requirements because it demonstrates the importance of following proper legal procedures in all matters, including elections.
3.5 Civil Suit E005 of 2024
This case involved a dispute over a contract. The High Court held that the respondents were not in default as their time for filing replies had not expired. This case is relevant to the topic of MCA requirements because it demonstrates the importance of understanding and complying with legal deadlines.
3.6 A Local Authority v RS (Capacity) 2020 EWCOP 29
This case involved a dispute over the capacity of an individual to make decisions about their own care. The Court of Protection held that the individual lacked capacity to make decisions about their own care and appointed a deputy to make decisions on their behalf. This case is relevant to the topic of MCA requirements because it demonstrates the importance of understanding and complying with the Mental Capacity Act, 2005.
3.7 A Local Authority v JB [2021] UKSC 52
This case involved a dispute over the capacity of an individual to consent to sexual relations. The Supreme Court held that the individual lacked capacity to consent to sexual relations and that the local authority had a duty to protect the individual from harm. This case is relevant to the topic of MCA requirements because it demonstrates the importance of understanding and complying with the Mental Capacity Act, 2005.
4. Conclusion
In conclusion, to vie for the position of an MCA in Kenya, you must meet the eligibility requirements outlined in the Constitution of Kenya, 2010, and the Elections Act, 2011. These requirements include being a Kenyan citizen for at least ten years, being a registered voter in the ward where you are seeking election, and meeting the statutory moral and ethical requirements under the Leadership and Integrity Act. You must also not be subject to any disqualifications, such as being an undischarged bankrupt or being subject to a sentence of imprisonment of at least six months.
5. TLDR
To be an MCA candidate in Kenya, you must be a Kenyan citizen for at least 10 years, a registered voter in the ward, and meet the moral and ethical requirements of the Leadership and Integrity Act. You do not need a university degree.
Sources:
Answered by mwakili.com