Article 99. Qualifications and disqualifications for election as member of Parliament
Official Constitutional Text
99. (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.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 99 of the Kenyan Constitution sets out the qualifications and disqualifications for becoming a member of Parliament. To be eligible for election, a person must be a registered voter, meet the specific educational, moral, and ethical standards set by law, and be nominated by a political party or clear the threshold for an independent candidate by securing supporter signatures (at least 1,000 for the National Assembly or 2,000 for the Senate). Conversely, an individual is disqualified if they hold another public or state office, served as an IEBC commissioner within the last five years, or have been a Kenyan citizen for less than ten years. Disqualifications also apply to sitting MCAs, individuals of unsound mind, undischarged bankrupts, or those serving a prison sentence of six months or longer. Finally, anyone found to have violated Chapter Six leadership and integrity codes is barred from contesting, though the article clarifies that these disqualifications only lock in once all legal avenues for appeal or judicial review have been completely exhausted.