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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.

Citizenship and Voter Registration
Educational Qualifications
Political Affiliation and Support
Moral and Ethical Requirements
Disqualifications
Relevant Case Laws
Conclusion
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 ↗)

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 ↗)

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 ↗)

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 ↗)

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

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