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What are the requirements to vie as a president
Introduction
The requirements to vie for the presidency in Kenya are outlined in various legal documents, including the Constitution of Kenya, the Elections Act, and other relevant statutes. These requirements ensure that candidates meet specific criteria to uphold the integrity and functionality of the office of the President.
Table of Contents
Constitutional Requirements
Citizenship
Age
Educational Qualifications
Integrity
Nomination Process
Political Party Nomination
Independent Candidates
Compliance with the Elections Act
Registration as a Voter
Nomination Fees
Disqualification Criteria
Mental Incapacity
Criminal Convictions
Conclusion
1. Constitutional Requirements
Citizenship
Source: Constitution of Kenya, Article 137(1)(a)
Requirement: The candidate must be a citizen of Kenya by birth.
Explanation: This ensures that the candidate has a deep-rooted connection to the country and its people.
Age
Source: Constitution of Kenya, Article 137(1)(b)
Requirement: The candidate must have attained the age of 35 years.
Explanation: This age requirement ensures that the candidate has sufficient maturity and life experience to handle the responsibilities of the presidency.
Educational Qualifications
Source: Constitution of Kenya, Article 137(1)(c)
Requirement: The candidate must be qualified to stand for election as a Member of Parliament.
Explanation: This generally means that the candidate must have a post-secondary school qualification recognized in Kenya.
Integrity
Source: Constitution of Kenya, Chapter Six (Leadership and Integrity)
Requirement: The candidate must satisfy the requirements of Chapter Six of the Constitution.
Explanation: This chapter outlines the principles of leadership and integrity, including honesty, accountability, and transparency.
2. Nomination Process
Political Party Nomination
Source: Elections Act, Section 13
Requirement: The candidate must be nominated by a political party.
Explanation: The political party must be registered and compliant with the Political Parties Act.
Independent Candidates
Source: Elections Act, Section 29
Requirement: Independent candidates must not be members of any political party for at least three months before the election.
Explanation: This ensures that independent candidates are genuinely independent and not affiliated with any political party.
3. Compliance with the Elections Act
Registration as a Voter
Source: Elections Act, Section 5
Requirement: The candidate must be a registered voter.
Explanation: This ensures that the candidate participates in the electoral process and is subject to the same rules as other voters.
Nomination Fees
Source: Elections Act, Section 22
Requirement: The candidate must pay a nomination fee as prescribed by the Independent Electoral and Boundaries Commission (IEBC).
Explanation: This fee is part of the administrative process to ensure serious candidacy.
4. Disqualification Criteria
Mental Incapacity
Source: Constitution of Kenya, Article 137(2)(a)
Requirement: The candidate must not be of unsound mind.
Explanation: This ensures that the candidate is mentally capable of performing the duties of the presidency.
Criminal Convictions
Source: Constitution of Kenya, Article 137(2)(b)
Requirement: The candidate must not have been convicted of an offense and sentenced to imprisonment for at least six months.
Explanation: This ensures that the candidate has a clean criminal record and upholds the law.
Conclusion
The requirements to vie for the presidency in Kenya are comprehensive and designed to ensure that only qualified, capable, and ethical individuals can run for the highest office in the land. These requirements are enshrined in the Constitution of Kenya, the Elections Act, and other relevant statutes, ensuring a robust and transparent electoral process.
Answered by mwakili.com