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KenyaSimplified

Chapter 8, Part 2 · Art. 99

Qualifications and disqualifications for election as member of Parliament

2010-as-amended · effective 2010-08-27

Official text

(1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person—
  (a) is registered as a voter;
  (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and
  (c) is nominated by a political party, or is an independent candidate who is supported—
    (i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or
    (ii) in the case of election to the Senate, by at least two thousand registered voters in the county.
(2) A person is disqualified from being elected a member of Parliament if the person—
  (a) is a State officer or other public officer, other than a member of Parliament;
  (b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission;
  (c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;
  (d) is a member of a county assembly;
  (e) is of unsound mind;
  (f) is an undischarged bankrupt;
  (g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or
  (h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.
(3) A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.
In simple words
  • To be elected as a member of Parliament, a person must be registered as a voter and be nominated by a party or supported by enough registered voters as an independent.
    Art. 99(1)

    (1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and (c) is nominated by a political party, or is an independent candidate who is supported— (i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or (ii) in the case of election to the Senate, by at least two thousand registered voters in the county.

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  • A person is disqualified if they are a State officer, of unsound mind, an undischarged bankrupt, or serving a sentence of at least six months.
    Art. 99(2)

    (2) A person is disqualified from being elected a member of Parliament if the person— (a) is a State officer or other public officer, other than a member of Parliament; (b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission; (c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; (d) is a member of a county assembly; (e) is of unsound mind; (f) is an undischarged bankrupt; (g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or (h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.

    Read the full article →
Kids explanation
  • To be an MP, you must be a registered voter and meet the rules.
    Art. 99(1)

    (1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and (c) is nominated by a political party, or is an independent candidate who is supported— (i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or (ii) in the case of election to the Senate, by at least two thousand registered voters in the county.

    Read the full article →

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