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Requirements to Vie for the Presidency in Kenya

Introduction

Vying for the presidency in Kenya is a significant undertaking that requires meeting specific constitutional and legal requirements. These requirements are designed to ensure that only qualified individuals can contest for the highest office in the land. This comprehensive guide outlines the qualifications, disqualifications, and procedural requirements for presidential candidates in Kenya.

Qualifications for Presidential Candidates
Disqualifications for Presidential Candidates
Procedural Requirements
Relevant Case Laws
Conclusion
Sources

1. Qualifications for Presidential Candidates

To vie for the presidency in Kenya, a candidate must meet the following qualifications as stipulated in the Constitution of Kenya, 2010:

Citizenship: The candidate must be a Kenyan citizen by birth.
Parliamentary Qualification: The candidate must be qualified to stand for election as a Member of Parliament.
Registered Voter: The candidate must be a registered voter.
Educational Qualification: The candidate must hold a degree from a university recognized in Kenya.
Political Party Nomination or Independent Candidacy: The candidate must be nominated by a political party or be an independent candidate.
Allegiance: The candidate must not owe allegiance to a foreign state.

These qualifications are outlined in Article 137 of the Constitution of Kenya, 2010.

2. Disqualifications for Presidential Candidates

Certain conditions can disqualify an individual from vying for the presidency in Kenya. These disqualifications include:

Dual Citizenship: A person who holds dual citizenship is disqualified unless they have renounced their foreign citizenship.
Mental Incapacity: A person declared to be of unsound mind by a court of law is disqualified.
Bankruptcy: A person adjudged bankrupt by a court of law is disqualified.
Criminal Conviction: A person convicted of an offense and sentenced to imprisonment for at least six months, and has not received a pardon, is disqualified.
Electoral Malpractices: A person found to have contravened the electoral code of conduct is disqualified.

These disqualifications are also detailed in Article 137 of the Constitution of Kenya, 2010.

3. Procedural Requirements

The procedural requirements for vying for the presidency in Kenya include:

Nomination Process: Candidates must be nominated by a political party or as independent candidates. Independent candidates must collect a specified number of signatures from registered voters.
Submission of Nomination Papers: Candidates must submit their nomination papers to the Independent Electoral and Boundaries Commission (IEBC) within the stipulated timelines.
Campaign Regulations: Candidates must adhere to the campaign regulations set by the IEBC, including the electoral code of conduct.
Election: If only one candidate is nominated, that candidate is declared elected. If more than one candidate is nominated, an election is held in each constituency.

These procedures are outlined in the Elections Act, 2011, and the Constitution of Kenya, 2010.

4. Relevant Case Laws

Several case laws have shaped the interpretation and application of the qualifications and disqualifications for presidential candidates in Kenya. Some notable cases include:

Raila Odinga & Another v Independent Electoral and Boundaries Commission & 2 Others (2013): This case addressed the issue of the integrity of presidential candidates and the application of Chapter Six of the Constitution on leadership and integrity.
John Harun Mwau v Independent Electoral and Boundaries Commission & Another (2013): This case dealt with the eligibility of candidates with pending criminal cases and the interpretation of disqualifications under Article 137 of the Constitution.

These cases provide judicial interpretations that are crucial for understanding the legal landscape surrounding presidential elections in Kenya.

5. Conclusion

Vying for the presidency in Kenya requires meeting stringent qualifications and adhering to procedural requirements. The Constitution of Kenya, 2010, and the Elections Act, 2011, provide a clear framework for ensuring that only qualified individuals can contest for the highest office in the land. Understanding these requirements is essential for any aspiring presidential candidate.

6. Sources

By adhering to these qualifications and procedural requirements, candidates can ensure their eligibility to vie for the presidency in Kenya.