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What are the requirements to vie as an MP?

Introduction

In Kenya, the requirements to vie for the position of a Member of Parliament (MP) are stipulated in various legal documents, including the Constitution of Kenya, the Elections Act, and other relevant statutes. This comprehensive guide will outline the qualifications, disqualifications, and procedural requirements for an individual aspiring to become an MP 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 as an Independent Candidate

   • 2.2 Compliance with Electoral Code of Conduct

3. Disqualifications

   • 3.1 Holding Dual Citizenship

   • 3.2 Public Officers

   • 3.3 Criminal Convictions

   • 3.4 Bankruptcy

   • 3.5 Mental Incapacity

4. Procedural Requirements

   • 4.1 Submission of Nomination Papers

   • 4.2 Payment of Nomination Fees

   • 4.3 Declaration of Assets and Liabilities

5. Conclusion

1. Constitutional Requirements

1.1 Citizenship

• Source: Constitution of Kenya, Article 99(1)(a)

• Requirement: The individual must be a citizen of Kenya.

1.2 Age

• Source: Constitution of Kenya, Article 99(1)(b)

• Requirement: The individual must have attained the age of 18 years.

1.3 Voter Registration

• Source: Constitution of Kenya, Article 99(1)(c)

• Requirement: The individual must be a registered voter.

1.4 Educational Qualifications

• Source: Constitution of Kenya, Article 99(1)(d)

• Requirement: The individual must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament. The Elections Act, 2011, Section 22(1)(b) specifies that a person must have a post-secondary school qualification recognized in Kenya.

2. Elections Act Requirements

2.1 Nomination by a Political Party or as an Independent Candidate

• Source: Elections Act, 2011, Section 29

• Requirement: The individual must be nominated by a political party or be an independent candidate. Independent candidates must not be members of any political party at least three months before the election date.

2.2 Compliance with Electoral Code of Conduct

• Source: Elections Act, 2011, Section 110

• Requirement: The individual must comply with the Electoral Code of Conduct, which includes adhering to the rules and regulations set by the Independent Electoral and Boundaries Commission (IEBC).

3. Disqualifications

3.1 Holding Dual Citizenship

• Source: Constitution of Kenya, Article 78(2)

• Disqualification: Individuals holding dual citizenship are disqualified unless they have renounced their foreign citizenship.

3.2 Public Officers

• Source: Constitution of Kenya, Article 99(2)(a)

• Disqualification: Public officers, other than those exempted by law, are disqualified unless they resign from their positions at least six months before the election date.

3.3 Criminal Convictions

• Source: Constitution of Kenya, Article 99(2)(g)

• Disqualification: Individuals convicted of an offense and sentenced to imprisonment for at least six months are disqualified unless they have been pardoned.

3.4 Bankruptcy

• Source: Constitution of Kenya, Article 99(2)(f)

• Disqualification: Individuals declared bankrupt by a court of law are disqualified.

3.5 Mental Incapacity

• Source: Constitution of Kenya, Article 99(2)(e)

• Disqualification: Individuals declared to be of unsound mind by a court of law are disqualified.

4. Procedural Requirements

4.1 Submission of Nomination Papers

• Source: Elections Act, 2011, Section 31

• Requirement: The individual must submit duly completed nomination papers to the IEBC within the stipulated nomination period.

4.2 Payment of Nomination Fees

• Source: Elections Act, 2011, Section 34

• Requirement: The individual must pay the prescribed nomination fees to the IEBC. As of the latest regulations, the fee for parliamentary candidates is Ksh 25,000 for general candidates and Ksh 10,000 for women, youth, and persons with disabilities.

4.3 Declaration of Assets and Liabilities

• Source: Leadership and Integrity Act, 2012, Section 26

• Requirement: The individual must declare their assets and liabilities as part of the nomination process.

Conclusion

Vying for the position of a Member of Parliament in Kenya involves meeting several constitutional, statutory, and procedural requirements. These include being a Kenyan citizen, being of legal age, being a registered voter, and meeting educational qualifications. Additionally, candidates must comply with the nomination process, including submission of nomination papers, payment of fees, and declaration of assets and liabilities. Disqualifications such as holding dual citizenship, being a public officer, having criminal convictions, being bankrupt, or being of unsound mind must also be considered. Understanding and adhering to these requirements is crucial for any individual aspiring to serve as an MP in Kenya.