The defeat of former Muminji Ward MCA Newton Kariuki in the Mbeere North parliamentary by-election has renewed focus on the constitutional framework governing whether sitting MCAs can lawfully seek election to Parliament.
Kariuki lost to UDA candidate Leonard Muthende, ending his attempt to move from county representation to the National Assembly.
The Constitution outlines the eligibility rules for Members of Parliament under Article 99. Article 99(2)(d) states that a person is disqualified from being elected as an MP if they are “a member of a county assembly.” Taken strictly, this clause appears to bar sitting MCAs from contesting parliamentary seats.
However, constitutional interpretation cannot rely on a single provision in isolation. Article 260 defines a member of a county assembly as a state officer.
State officers who hold elective posts are treated differently from appointed public officers who are required to resign before seeking elective office.
Courts have consistently interpreted Article 99(2)(d) to mean that a sitting MCA cannot be declared elected as an MP while still holding the county office. The restriction applies at the point of election, not at the point of contest.
As a result, an MCA may lawfully seek nomination, run for the seat, and campaign, provided they vacate the MCA office before submitting their nomination papers to the electoral commission.
The resignation ensures that by the time voting and declaration occur, the individual is no longer a county assembly member, avoiding conflict with Article 99.
In a nutshell, Karish’s loss to Muthende means that his MCA seat is officially lost.
This constitutional arrangement has created a practical pathway that many MCAs have used in successive election cycles.
And since Newton Karish resigned from his MCA seat to run for the parliamentary position and lost, the Muminji Ward MCA seat is now vacant.
The Constitution also prevents dual office-holding, meaning no individual can serve simultaneously as an MCA and an MP.
Kariuki’s case illustrates the political risks associated with this transition. Once he resigned to pursue the parliamentary seat, he forfeited his position in the county assembly.
His loss in the by-election means he holds no elective office despite meeting all constitutional requirements for candidacy.
The outcome reinforces the reality that while the law provides space for MCAs to seek higher office, the process carries significant personal and political consequences.
The situation also highlights an ongoing tension between the textual reading of Article 99 and the practical application enabled through judicial interpretation.
Despite the apparent prohibition, the constitutional framework continues to permit MCAs to contest parliamentary seats as long as they separate from county office before the electoral process reaches the declaration stage.
Meanwhile the broad-based government lead by President William Ruto(UDA) and Oburu Odinga (ODM), have won majority of the 27th November by-election seats. From Malava and Mbeere North where united opposition and the broad-based government were highly contesting, UDA takes the lead sending a strong warning to the opposition camp to try to major their political game especially in the next general election.
