Constitution & MP Provisions

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Constitution of Kenya 2010 - MP Provisions

The Constitution of Kenya 2010 establishes the framework for the election, roles, and responsibilities of Members of Parliament. Understanding these provisions is essential for every voter in Maara Constituency.

Article 95 - Role of Parliament

Article 95 of the Constitution outlines the primary roles of the Kenyan Parliament:

  • Legislative Authority: Parliament is vested with legislative authority of the Republic and shall legislate for the peace, order, and good governance of Kenya.
  • Representation: Parliament represents the will of the people and exercises their sovereignty.
  • Deliberation: Parliament deliberates on and resolves issues of concern to the people.
  • Oversight: Parliament determines the allocation of national revenue between the levels of government and oversees national revenue and its expenditure.
  • Review: Parliament reviews the conduct in office of the President, the Deputy President, and other State officers and initiates the process of their removal from office.
  • Approval: Parliament approves declarations of war and extensions of states of emergency.

Article 97 - Composition of National Assembly

The National Assembly consists of:

  • 290 members elected from constituencies representing the people
  • 47 women representatives elected from counties
  • 12 nominated members representing special interests including youth, persons with disabilities, and workers
  • The Speaker who is an ex officio member

The member elected from Maara Constituency will be one of the 290 constituency representatives in the National Assembly.

Article 101 - Term of Parliament

The term of each House of Parliament expires on the date of the next general election. A general election must be held on the second Tuesday in August every fifth year. Parliament has a term of five years from the date of the first sitting.

Article 99 - Qualifications for MP

A person is qualified to be elected as a Member of Parliament if they:

  • Are a Kenyan citizen for at least 10 years before the election
  • Are a registered voter
  • Are nominated by a political party or stand as an independent candidate
  • Meet the educational qualifications set by law (minimum of post-secondary education)
  • Satisfy any moral and ethical requirements prescribed by the Constitution

Article 99 - Disqualifications

A person is disqualified from being elected as an MP if they:

  • Are a State officer or other public officer (unless resigned at least 6 months before election)
  • Have held office as MP at the dissolution of Parliament and was found by a court to have abused office
  • Have not been a citizen of Kenya for the preceding 10 years
  • Are of unsound mind
  • Are an undischarged bankrupt
  • Are subject to a sentence of imprisonment of at least six months
  • Have been found to have abused office or contravened Chapter Six (Leadership and Integrity)
  • Hold dual citizenship (unless citizenship of the other country was obtained by operation of law without capacity to opt out)

Roles of a Constituency MP

The Member of Parliament for Maara Constituency will have the following key responsibilities:

1. Legislation

  • Participating in parliamentary debates and committees
  • Sponsoring and supporting bills that benefit the constituency and the nation
  • Voting on legislation that affects the lives of constituents

2. Representation

  • Representing the interests of Maara Constituency in Parliament
  • Raising constituency issues during parliamentary sessions
  • Attending parliamentary committee meetings relevant to constituency needs
  • Presenting petitions from constituents to Parliament

3. Oversight

  • Oversight of the national executive to ensure accountability
  • Monitoring implementation of government programs in the constituency
  • Participating in parliamentary committees that scrutinize government operations

4. Constituency Development

  • Managing the Constituency Development Fund (CDF) for development projects
  • Facilitating national government projects in the constituency
  • Attracting development partners and investors to the constituency
  • Monitoring and evaluating development projects

5. Service Delivery Facilitation

  • Assisting constituents in accessing government services
  • Liaising between constituents and government agencies
  • Facilitating resolution of constituency-level grievances

Constituency Development Fund (CDF)

The CDF Act provides for the allocation of at least 2.5% of national revenue to constituencies for development projects. The MP plays a key role in:

  • Convening the Constituency Development Committee (CDC)
  • Ensuring transparent allocation of CDF resources
  • Overseeing implementation of CDF-funded projects
  • Ensuring compliance with procurement laws and regulations
  • Reporting to constituents on CDF utilization

Chapter Six - Leadership and Integrity

Article 73 requires State officers (including MPs) to:

  • Demonstrate integrity, honesty, and accountability
  • Not engage in corruption, nepotism, or favoritism
  • Not use their office for private gain
  • Declare their wealth, liabilities, and interests
  • Maintain high standards of performance to the people
Read the Elections Act