M-Wakili

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

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

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

7. Oath of Office

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

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