Ask a lawyer:
what are the requirements to be an MCA?
M-Wakili Response
To be eligible to be a Member of the County Assembly (MCA) in Kenya, you must meet the following requirements as outlined in the Constitution of Kenya, 2010 and the Elections Act, 2011:
1. Citizenship
You must be a Kenyan citizen.
You must have been a Kenyan citizen for at least 10 years before the election. (Source: Constitution of Kenya, 2010, Article 99(1)(a) ↗)
2. Age
You must be at least 18 years old. (Source: Constitution of Kenya, 2010, Article 99(1)(b) ↗)
3. Education
You must have a university degree from a recognized university.
This requirement was introduced in the Elections Act, 2011, but was later declared unconstitutional by the High Court in 2021.
The High Court ruled that the requirement violated the right to equality and the right to participate in government as enshrined in the Constitution.
The Independent Electoral and Boundaries Commission (IEBC) has since confirmed that a university degree is not a requirement to be an MCA. (Source: Elections Act, 2011, Section 22(1)(b)(ii) ↗, High Court Ruling, 2021 ↗, IEBC Statement ↗)
4. Mental Capacity
You must be of sound mind and capable of understanding the responsibilities of the office. (Source: Constitution of Kenya, 2010, Article 99(1)(c) ↗)
5. No Criminal Record
You must not have been convicted of an offense that carries a sentence of imprisonment for a term of more than six months.
This requirement applies to offenses committed in Kenya or in any other country. (Source: Constitution of Kenya, 2010, Article 99(1)(d) ↗)
6. No Bankruptcy
You must not be an undischarged bankrupt. (Source: Constitution of Kenya, 2010, Article 99(1)(e) ↗)
7. Oath of Office
You must take and subscribe to the oath of office before assuming office. (Source: Constitution of Kenya, 2010, Article 101(1) ↗)
8. Registration with IEBC
You must register as a candidate with the Independent Electoral and Boundaries Commission (IEBC).
The IEBC will verify your eligibility and issue you with a certificate of nomination. (Source: Elections Act, 2011, Section 10 ↗)
9. Nomination by a Political Party
You must be nominated by a political party to contest the MCA seat.
The political party will select its candidate through a nomination process. (Source: Elections Act, 2011, Section 11 ↗)
10. Election
You must win the election by receiving the majority of the votes cast in your ward. (Source: Elections Act, 2011, Section 12 ↗)
Case Laws
The case of Lawrence Madialo & Another v Independent Electoral and Boundaries Commission & 2 Others (Petition 104 of 2020): This case involved a challenge to the requirement for a university degree for MCA candidates. The High Court ruled that the requirement was unconstitutional. (Source: Petition 104 of 2020 ↗)
The case of The Law Society of Kenya & Another v The Attorney General & 2 Others (Petition 10 of 2019): This case involved a challenge to the requirement for a university degree for MPs and MCAs. The High Court ruled that the requirement was unconstitutional. (Source: Petition 10 of 2019 ↗)
Conclusion
In conclusion, the requirements to be an MCA in Kenya are outlined in the Constitution and the Elections Act. These requirements ensure that only qualified and capable individuals are elected to represent their constituents at the county level. The requirement for a university degree was previously in place but was declared unconstitutional by the High Court. Therefore, a university degree is no longer a requirement to be an MCA.
Answered by mwakili.com