In Kenya, the Speaker of the County Assembly is a pivotal role responsible for presiding over county assembly sittings, ensuring orderly debate, and maintaining the assembly’s decorum. Article 178(1) of the Constitution of Kenya mandates that the speaker must be elected from individuals who are not Members of the County Assembly (MCAs). When absent, the Deputy Speaker (an elected MCA) presides, or, if both are unavailable, an acting speaker is elected from among the MCAs.
Key Qualifications for Speaker of the County Assembly
To qualify, an applicant must meet certain requirements under Article 193 of the Constitution of Kenya and Sections 22 and 25 of the Elections Act 2011:
- Kenyan Citizenship: Must have been a Kenyan citizen for at least ten years before the election.
- Registered Voter: Must be registered as a voter.
- Educational and Ethical Standards:
- Should meet the educational, moral, and ethical standards prescribed in the Constitution.
- Minimum educational requirement includes a post-secondary school qualification recognized in Kenya, per Section 22(1) of the Elections Act 2011.
- No Dual Citizenship: The individual should not hold dual citizenship or allegiance to a foreign country.
- Eligibility for MCA but Not an MCA: Eligible candidates are those who meet the requirements to be elected as MCA members, but they must not hold the MCA position.
Disqualifications for Speaker of the County Assembly
A candidate will be disqualified from running for Speaker of the County Assembly under Article 193 of the Constitution if they:
- Hold a state or public office.
- Are of unsound mind, as determined by a court.
- Are an undischarged bankrupt.
- Are serving a prison sentence of at least six months.
- Have served as a member of the Independent Electoral and Boundaries Commission (IEBC) within five years prior to the election.
- Have been found guilty of misuse or abuse of a state or public office under Kenyan law.
The Speaker of the County Assembly is instrumental in upholding the principles of the Constitution and ensuring the efficient functioning of county governance.
