### 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 be an MCA are stipulated in various legal documents, including the Constitution of Kenya, the Elections Act, and other relevant statutes. This response will outline the qualifications, disqualifications, and other pertinent requirements for one to be eligible to serve as an MCA in Kenya.

### Table of Contents

1. **Constitutional Requirements**
   - 1.1 Citizenship
   - 1.2 Age
   - 1.3 Voter Registration
   - 1.4 Educational Qualifications

2. **Elections Act Requirements**
   - 2.1 Nomination by a Political Party or Independent Candidacy
   - 2.2 Compliance with the Code of Conduct

3. **Disqualifications**
   - 3.1 Dual Citizenship
   - 3.2 Public Officers
   - 3.3 Bankruptcy
   - 3.4 Criminal Convictions
   - 3.5 Membership in Certain Commissions

4. **Additional Requirements**
   - 4.1 Integrity and Leadership
   - 4.2 Financial Obligations

5. **Conclusion**

### 1. Constitutional Requirements

#### 1.1 Citizenship

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

#### 1.2 Age

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

#### 1.3 Voter Registration

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

#### 1.4 Educational Qualifications

- **Source**: Constitution of Kenya, Article 193(1)(d)
- **Requirement**: The Constitution does not specify educational qualifications for MCAs. However, the Elections Act and other regulations may impose additional requirements.

### 2. Elections Act Requirements

#### 2.1 Nomination by a Political Party or Independent Candidacy

- **Source**: Elections Act, Section 32
- **Requirement**: The individual must be nominated by a political party or run as an independent candidate. For independent candidates, additional requirements such as the collection of a specified number of signatures from registered voters in the ward may apply.

#### 2.2 Compliance with the Code of Conduct

- **Source**: Elections Act, Section 110
- **Requirement**: The individual must comply with the Electoral Code of Conduct, which includes ethical behavior and adherence to electoral laws.

### 3. Disqualifications

#### 3.1 Dual Citizenship

- **Source**: Constitution of Kenya, Article 193(2)(a)
- **Requirement**: The individual must not hold dual citizenship unless they have renounced the other citizenship.

#### 3.2 Public Officers

- **Source**: Constitution of Kenya, Article 193(2)(b)
- **Requirement**: Public officers, other than those exempted by law, are disqualified from being elected as MCAs unless they resign from their positions at least six months before the election.

#### 3.3 Bankruptcy

- **Source**: Constitution of Kenya, Article 193(2)(c)
- **Requirement**: The individual must not be an undischarged bankrupt.

#### 3.4 Criminal Convictions

- **Source**: Constitution of Kenya, Article 193(2)(d)
- **Requirement**: The individual must not have been convicted of an offense and sentenced to imprisonment for a period of at least six months, as long as the sentence has not been suspended or pardoned.

#### 3.5 Membership in Certain Commissions

- **Source**: Constitution of Kenya, Article 193(2)(e)
- **Requirement**: The individual must not be a member of a commission established under the Constitution.

### 4. Additional Requirements

#### 4.1 Integrity and Leadership

- **Source**: Leadership and Integrity Act, Section 13
- **Requirement**: The individual must demonstrate integrity and leadership as outlined in Chapter Six of the Constitution, which includes honesty, accountability, and transparency.

#### 4.2 Financial Obligations

- **Source**: Elections Act, Section 24(1)(b)
- **Requirement**: The individual must have settled any financial obligations, such as taxes, to the government.

### Conclusion

The requirements to be an MCA in Kenya are comprehensive and are designed to ensure that only qualified and ethical individuals serve in this important role. These requirements are drawn from the Constitution of Kenya, the Elections Act, and other relevant statutes. They encompass citizenship, age, voter registration, educational qualifications, and compliance with ethical standards, among other criteria. Understanding these requirements is crucial for anyone aspiring to serve as an MCA in Kenya.

## 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)](https://www.kenyalaw.org/klrc/constitution-of-kenya/))

### 2. Age

- You must be at least 18 years old.
(Source: [Constitution of Kenya, 2010, Article 99(1)(b)](https://www.kenyalaw.org/klrc/constitution-of-kenya/))

### 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)](https://www.kenyalaw.org/klrc/elections-act/), [High Court Ruling, 2021](https://nation.africa/kenya/news/degree-law-on-mca-aspirants-unconstitutional-high-court-rules--3584644), [IEBC Statement](https://www.standardmedia.co.ke/national/article/2001436444/degree-certificate-not-necessary-for-mca-post-iebc-says/))

### 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)](https://www.kenyalaw.org/klrc/constitution-of-kenya/))

### 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)](https://www.kenyalaw.org/klrc/constitution-of-kenya/))

### 6. No Bankruptcy

- You must not be an undischarged bankrupt.
(Source: [Constitution of Kenya, 2010, Article 99(1)(e)](https://www.kenyalaw.org/klrc/constitution-of-kenya/))

### 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)](https://www.kenyalaw.org/klrc/constitution-of-kenya/))

### 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](https://www.kenyalaw.org/klrc/elections-act/))

### 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](https://www.kenyalaw.org/klrc/elections-act/))

### 10. Election

- You must win the election by receiving the majority of the votes cast in your ward.
(Source: [Elections Act, 2011, Section 12](https://www.kenyalaw.org/klrc/elections-act/))

### 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](https://kenyalaw.org/caselaw/cases/view/215112/))

- **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](https://kenyalaw.org/caselaw/cases/view/206455/))

### 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. 


## Requirements to be a Member of County Assembly (MCA) in Kenya

### Introduction

In Kenya, the position of a Member of County Assembly (MCA) is a significant role within the devolved system of government. MCAs are elected representatives responsible for legislative functions at the county level. To ensure that candidates for this position are adequately qualified, the Independent Electoral and Boundaries Commission (IEBC) and other relevant bodies have set forth specific requirements. This document outlines the qualifications and requirements necessary to contest for the seat of an MCA in Kenya.

### Table of Contents

1. Citizenship and Voter Registration
2. Educational Qualifications
3. Political Affiliation and Support
4. Moral and Ethical Requirements
5. Disqualifications
6. Relevant Case Laws
7. Conclusion
8. Sources

### 1. Citizenship and Voter Registration

To be eligible for election as an MCA, a candidate must meet the following criteria:

- **Kenyan Citizenship**: The candidate must be a Kenyan citizen for at least ten years before the election. This ensures that the candidate has a substantial connection to the country and its people.
- **Registered Voter**: The candidate must be a registered voter. This requirement ensures that the candidate participates in the electoral process and is familiar with the voting system.

(Source: [Tuko](https://www.tuko.co.ke/facts-lifehacks/guides/455677-list-iebc-requirements-mca-position-kenya/))

### 2. Educational Qualifications

The educational requirements for an MCA have been a subject of legal and public debate. Initially, the law required candidates to have a university degree. However, this requirement has faced legal challenges and changes:

- **University Degree**: Initially, Section 22 of the Elections Act mandated that candidates for MCA positions must hold a university degree. This law was intended to take effect from the 2022 general elections.
- **High Court Ruling**: The High Court declared the university degree requirement unconstitutional, stating that it violated the constitution due to the lack of public participation in its enactment. As a result, the degree requirement was invalidated.

(Source: [Nation](https://nation.africa/kenya/news/degree-law-on-mca-aspirants-unconstitutional-high-court-rules--3584644))

### 3. Political Affiliation and Support

Candidates must demonstrate political support and affiliation:

- **Political Party Nomination**: The candidate must be nominated by a political party. This ensures that the candidate has the backing of a recognized political entity.
- **Independent Candidates**: If running as an independent candidate, the individual must be supported by at least 500 registered voters in the ward concerned. This requirement ensures that independent candidates have a significant level of local support.

(Source: [Kenya Law](https://klrc.go.ke/index.php/constitution-of-kenya/145-chapter-eleven-devolved-government/part-7-general/362-193-qualifications-for-election-as-member-of-county-assembly))

### 4. Moral and Ethical Requirements

Candidates must meet specific moral and ethical standards as outlined in the Leadership and Integrity Act:

- **No Allegiance to a Foreign State**: The candidate must not owe allegiance to any foreign state. This ensures loyalty to Kenya.
- **Moral and Ethical Standards**: The candidate must meet the statutory moral and ethical requirements under the Leadership and Integrity Act. This includes adhering to principles of good governance, integrity, and accountability.

(Source: [TransTally Systems](https://transtally.co.ke/requirements-for-a-member-of-county-assembly-mca/))

### 5. Disqualifications

Certain conditions can disqualify a candidate from contesting for the position of an MCA:

- **Bankruptcy**: A person declared bankrupt is disqualified from running for the position.
- **Criminal Convictions**: Individuals convicted of an offense and sentenced to imprisonment for a period of at least six months are disqualified unless they have been pardoned.
- **Public Officers**: Public officers must resign from their positions at least six months before the election date to be eligible to run for the MCA position.

### 6. Relevant Case Laws

#### Case Law 1: *John Harun Mwau v Independent Electoral and Boundaries Commission & Another [2013] eKLR*

- **Parties**: John Harun Mwau (Petitioner) vs. IEBC and Another (Respondents)
- **Outcome**: The court ruled on the eligibility criteria for candidates, emphasizing the importance of adhering to constitutional and statutory requirements.
- **Relevance**: This case underscores the legal framework governing the qualifications for elective positions, including the MCA.

#### Case Law 2: *High Court Petition No. 468 of 2012*

- **Parties**: Various Petitioners vs. The Attorney General and IEBC
- **Outcome**: The court declared the requirement for a university degree for MCA candidates unconstitutional.
- **Relevance**: This case directly impacted the educational qualifications for MCA candidates, nullifying the degree requirement.

### 7. Conclusion

The requirements to be an MCA in Kenya are designed to ensure that candidates are qualified, have a substantial connection to the country, and meet moral and ethical standards. While the educational qualifications have been a contentious issue, the current legal framework does not mandate a university degree for MCA candidates. Prospective candidates must also demonstrate political support, either through party nomination or as independent candidates with significant local backing.

### 8. Sources

- [Tuko](https://www.tuko.co.ke/facts-lifehacks/guides/455677-list-iebc-requirements-mca-position-kenya/)
- [AfroCave](https://blog.afro.co.ke/become-member-of-county-assembly/)
- [Kenya Law](https://klrc.go.ke/index.php/constitution-of-kenya/145-chapter-eleven-devolved-government/part-7-general/362-193-qualifications-for-election-as-member-of-county-assembly)
- [TransTally Systems](https://transtally.co.ke/requirements-for-a-member-of-county-assembly-mca/)
- [Nation](https://nation.africa/kenya/news/degree-law-on-mca-aspirants-unconstitutional-high-court-rules--3584644)

These sources provide comprehensive information on the qualifications and requirements for becoming an MCA in Kenya.

Ask a lawyer: what are the requirements to be an MCA?

M-Wakili Response

1. Citizenship

2. Age

3. Education

4. Mental Capacity

5. No Criminal Record

6. No Bankruptcy

7. Oath of Office

8. Registration with IEBC

9. Nomination by a Political Party

10. Election

Case Laws

Conclusion

Ask a lawyer:
what are the requirements to be an MCA?