In Kenya, Members of the National Assembly (MNAs) are elected to represent Constituencies and are also nominated by political parties under the provisions of the Constitution and the Elections Act. The Independent Electoral and Boundaries Commission (IEBC) oversees the election and nomination process.
1. Qualifications for Election as a Member of the National Assembly
To qualify as a candidate for election to the National Assembly, a person must meet the following requirements:
General Qualifications:
- Must be a Kenyan citizen for at least 10 years before the election.
- Must not hold dual citizenship, unless the second citizenship was acquired by operation of law without the capacity to opt out.
- Must not owe allegiance to a foreign country.
- Must be a registered voter.
- Must be nominated by a political party or run as an independent candidate.
- Must meet the moral and ethical requirements as per Chapter Six of the Constitution and the Leadership and Integrity Act.
- Must be at least 18 years old (no upper age limit).
- Must not be an undischarged bankrupt.
- Must not be of unsound mind.
- Must not be serving a prison sentence of at least six months.
- Must not have been found guilty of abuse or misuse of public office.
- Must not have been dismissed or removed from public office for violating the Constitution (Articles 75, 76, 77, and 78).
Degree Requirement for MPs
- In 2022, Section 22 of the Elections Act required that Members of Parliament (MPs) must have a university degree from a recognized university.
- However, Constitutional Petition 28 of 2021 nullified this requirement, declaring it unconstitutional and of no legal effect.
Thus, as of now, a university degree is NOT a requirement for one to contest for the position of a Member of the National Assembly.
2. Requirements for Nomination
A candidate must submit the following documents to IEBC during the nomination process:
For All Candidates (Party and Independent)
- A certified copy of a national ID or valid passport (the one used for voter registration).
- A passport-size photograph.
- If the candidate was a public officer, they must provide a letter of resignation from their employer six months before the election date. (This does not apply to elected officials).
- A nomination certificate from the political party (for party candidates).
- A duly signed electoral Code of Conduct as per the Elections Act (2011).
- Commission Nomination Form 15, which includes:
- Statutory Declaration Form (signed within one month before nomination day).
- Self-Declaration Form under the Leadership and Integrity Act.
- Proposer and Seconder details:
- For party candidates, the proposer and seconder must be party members.
- For independent candidates, the proposer and seconder must not be members of any political party.
3. Additional Requirements for Independent Candidates
Independent candidates must meet extra requirements, including:
- A clearance certificate from the Registrar of Political Parties, confirming they have not been a member of any political party for at least three months before the election.
- A Form of Intention to Contest in the prescribed format.
- A list of at least 1,000 registered voters supporting their candidacy (submitted to the Constituency Returning Officer).
- A unique election symbol (approved by IEBC).
- Must establish and maintain a functional office in Kenya, accessible for IEBC inspection.
4. Nomination Fees
Candidates must pay a non-refundable nomination fee in the form of a Banker’s Cheque payable to IEBC:
- KES 10,000 for candidates who are:
- Women
- Persons with disabilities
- Youth (below 35 years)
- KES 20,000 for all other candidates.
5. Term and Re-Election
- An elected Member of the National Assembly serves for five years.
- There are no term limits, meaning an MNA can be re-elected indefinitely.
Conclusion
The qualifications for Members of the National Assembly ensure that candidates uphold integrity, have public trust, and meet minimum competency standards. The recent ruling on the university degree requirement makes it easier for more candidates to contest, especially from marginalized and grassroots communities.
