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What are the requirements to vie as an MP?

Requirements to Vie as a Member of Parliament (MP) in Kenya

Introduction

In Kenya, the requirements to vie for the position of a Member of Parliament (MP) are stipulated in the Constitution of Kenya, the Elections Act, and other relevant legislation. These requirements ensure that candidates meet certain standards of eligibility, integrity, and capability to serve in the legislative body. This comprehensive guide outlines the qualifications, disqualifications, and procedural requirements for aspiring MPs in Kenya.

Table of Contents

  1. Qualifications for MPs

  2. Disqualifications for MPs

  3. Procedural Requirements

  4. Relevant Case Laws

  5. Conclusion

  6. Sources

1. Qualifications for MPs

To vie for the position of an MP in Kenya, a candidate must meet the following qualifications:

  • Citizenship: The candidate must be a Kenyan citizen for at least ten years before the election.

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

  • Age: The candidate must be at least 18 years old.

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

  • Educational Qualification: The candidate must hold a university degree from a recognized university.

    • Source: Elections Act, Section 22(1)(b)

  • Voter Registration: The candidate must be a registered voter.

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

  • Integrity: The candidate must satisfy any moral and ethical requirements prescribed by the Constitution or by an Act of Parliament.

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

2. Disqualifications for MPs

Certain conditions disqualify a person from vying for the position of an MP. These include:

  • Dual Citizenship: A person who holds dual citizenship is disqualified unless they have renounced their other citizenship.

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

  • State Officers: A person is disqualified if they are a state officer or other public officer, other than a member of Parliament.

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

  • Bankruptcy: A person is disqualified if they are an undischarged bankrupt.

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

  • Mental Incapacity: A person is disqualified if they have been found, in accordance with any law, to be of unsound mind.

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

  • Criminal Conviction: A person is disqualified if they have been convicted of an offense and sentenced to imprisonment for a period of at least six months, as long as the conviction has not been quashed or the person has not been pardoned.

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

3. Procedural Requirements

In addition to meeting the qualifications and avoiding disqualifications, candidates must also adhere to certain procedural requirements:

  • Nomination: Candidates must be nominated by a political party or run as independent candidates. Independent candidates must not be members of any political party for at least three months before the election.

    • Source: Elections Act, Section 29

  • Nomination Fees: Candidates must pay a nomination fee to the Independent Electoral and Boundaries Commission (IEBC). The fee is Ksh 20,000 for male candidates and Ksh 10,000 for female candidates, youth, and persons with disabilities.

    • Source: Elections Act, Section 34

  • Compliance with Electoral Code of Conduct: Candidates must comply with the Electoral Code of Conduct, which includes regulations on campaign conduct, financing, and other electoral activities.

    • Source: Elections Act, Section 110

4. Relevant Case Laws

Several case laws have interpreted and clarified the requirements for vying as an MP in Kenya:

  • John Harun Mwau v Independent Electoral and Boundaries Commission & Another [2013] eKLR: This case addressed the issue of educational qualifications for MPs. The court upheld the requirement for candidates to hold a university degree, emphasizing the need for competent and educated legislators.

    • Source: Kenya Law Reports ↗

  • Moses Mwicigi & 14 Others v Independent Electoral and Boundaries Commission & 5 Others [2016] eKLR: This case dealt with the nomination process and the role of political parties in nominating candidates. The court ruled that political parties must adhere to democratic principles and the rule of law in their nomination processes.

5. Conclusion

Vying for the position of an MP in Kenya requires meeting specific qualifications, avoiding disqualifications, and adhering to procedural requirements. These measures ensure that candidates are capable, ethical, and prepared to serve in the legislative body. Understanding these requirements is crucial for any aspiring MP to navigate the electoral process successfully.

6. Sources

By adhering to these guidelines, candidates can ensure they meet the necessary legal standards to vie for a parliamentary seat in Kenya.

Answered by mwakili.com