Nominated positions in Kenya are designed to ensure gender equality, special interest group representation, and inclusivity in legislative bodies. These positions are allocated based on political party strength as outlined in Articles 97(1)(c), 98(1)(b)(c)(d), and 177(1)(b)(c) of the Constitution of Kenya.
1. Categories of Nominated Candidates
Nominated candidates can be placed in the following categories:
(a) National Assembly Nominees (Article 97(1)(c))
- 12 members nominated by parliamentary political parties in proportion to their elected members.
- Represent special interests, including youth, persons with disabilities, and workers.
(b) Senate Nominees (Article 98(1))
- 16 women members nominated by political parties based on their Senate representation.
- 2 members (1 man and 1 woman) representing youth.
- 2 members (1 man and 1 woman) representing persons with disabilities.
(c) County Assembly Nominees (Article 177(1))
- Gender Special Seats: Ensures no more than two-thirds of members are of the same gender.
- Marginalized Groups: Includes youth, persons with disabilities, and other disadvantaged groups.
2. Qualifications for Nominated Candidates
To qualify for nomination in the National Assembly, Senate, or County Assembly, a candidate must:
- Be a Kenyan citizen for at least 10 years before the election.
- Be a registered voter.
- Not owe allegiance to a foreign state.
- If nominated for a disability seat, provide a certification of disability from a recognized institution as prescribed by the Independent Electoral and Boundaries Commission (IEBC).
3. Requirements for Nominated Candidates
(a) Political Party Submission to IEBC
Political parties must submit the following to the IEBC during nomination:
- Party Lists:
- Contains nominees appointed under Articles 97(1)(c), 98(1)(b)(c)(d), and 177(1)(b)(c).
- Must follow IEBC guidelines.
- Authorized by political party signatories.
- Letter of Acceptance:
- Each nominee must submit a duly signed acceptance letter.
- Educational Qualification Certificates:
- Diploma or Post-Secondary Qualification (where applicable).
- Must be recognized by the Kenya National Examinations Council (KNEC) or Commission for University Education (CUE) for foreign qualifications.
(b) Update on Academic Qualifications
- Two constitutional petitions have nullified the requirement for a university degree for MPs and MCAs.
4. Conclusion
Nominated positions in Parliament and County Assemblies ensure that women, youth, persons with disabilities, and marginalized groups are represented in governance. Candidates must meet constitutional requirements and party nomination guidelines, ensuring an inclusive and representative legislative system.
