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what are the requirements to be an MCA?

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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.

Constitutional Requirements
- 1.1 Citizenship
- 1.2 Age
- 1.3 Voter Registration
- 1.4 Educational Qualifications
Elections Act Requirements
- 2.1 Nomination by a Political Party or Independent Candidacy
- 2.2 Compliance with the Code of Conduct
Disqualifications
- 3.1 Dual Citizenship
- 3.2 Public Officers
- 3.3 Bankruptcy
- 3.4 Criminal Convictions
- 3.5 Membership in Certain Commissions
Additional Requirements
- 4.1 Integrity and Leadership
- 4.2 Financial Obligations
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.