Senate pushes to have MCAs as registered voters in their counties before nomination
By Rawlings, December 15, 2023
A Senate Committee has recommended a change in the electoral laws to ensure that persons nominated in the County Assemblies by Political Parties are registered voters in the counties of nomination.
The Justice, Legal Affairs and Human Rights Committee chaired by Bomet Senator Hillary Sigei now wants section 34 of the Elections Act be amended to provide that, for one to be eligible for nomination to a county assembly, one would need to demonstrate that he or she is either a registered voter in any of the wards in that county.
In addition, one would demonstrate that he or she is a resident of that county, or has a demonstrated interest in the affairs of that county.
Respective counties
Currently, the Constitution and electoral laws do not require members of the county assembly, whether directly or specially elected, to be registered as voters in the respective counties or to be residents in the said counties.
Instead, the requirement is for one to be registered as a voter, to satisfy the educational and other requirements prescribed in law, and to be nominated by a political or, if an independent candidate, to be supported by at least five hundred registered voters in the concerned ward.
Not registered voters
The proposal to change the law came after Laban Omusundi petitioned the Senate proposing the enactment of a clause in the electoral laws to ensure that all nominated Members of County Assembly (MCAs) are voters and residents of the respective counties.
In his petition, Omusundi averred that some nominated MCAs were serving in counties where they were not registered as voters and, therefore, were unaware of the challenges and needs in those specific counties.
“This practice continues to deny the indigenous people who are the voters and who meet all requirements to be given nomination opportunities to serve the people effectively,” Omusundi said in his petition.
In addition, Omusundi prayed that the Senate intervene on the matter to enact a clause in electoral laws that will ensure that all nominated MCAs are registered voters and residents of their respective counties that they are nominated into reflecting ethnic communities in those respective counties.