What the Law Says About Running for Office in Kenya

Introduction

Every five years, Kenyans go to the polls to choose their leaders. The next general election will be in August 2027. Many people are already preparing to run for different seats, but not everyone knows what the law says about who can run and what is expected of them. The Constitution and various laws provide clear rules on qualifications, integrity, and the election process. This article explains what every Kenyan needs to know before deciding to contest in the upcoming election.

Who can run for office in Kenya?

If you want to contest in the 2027 election, you must meet certain legal conditions. The Constitution and the Elections Act set out the rules. You must be a Kenyan citizen and a registered voter. If you want to run for Parliament or the County Assembly, you must have completed secondary school. If you want to run for President or Governor, you must have a university degree from a school recognized in Kenya. You must not be bankrupt, and you must not have been found guilty of an election offence or serious crime. These rules come from Articles 99 and 193 of the Constitution and from the Elections Act 2011.

What leadership and integrity mean under the law

Chapter Six of the Constitution talks about leadership and integrity. This applies to all public officers including elected leaders. Article 73 says that leadership must be based on honesty, accountability, discipline and commitment to public service. Integrity is not just about avoiding jail. It is about building trust and having a clean record in public life. In the case of Mumo Matemu v Trusted Society of Human Rights Alliance and Others [2013] eKLR, the Court of Appeal ruled on 31 July 2013 that a person seeking office must show consistent behavior that earns public trust. The court said integrity is proven through actions not just words.

How to challenge election results

If you lose an election and believe the results were not fair you have the right to file a petition. Petitions about Members of Parliament and Governors go to the High Court. Petitions about the President go straight to the Supreme Court. A petition must be filed within seven days after presidential results are declared and within 28 days for other positions. In Raila Odinga v Independent Electoral and Boundaries Commission and Others [2017] eKLR, the Supreme Court, led by Chief Justice David Maraga, cancelled the presidential election on 1 September 2017 because the electoral process did not meet the standards set by law. The court said the process must be as important as the result.

Can independent candidates run for office?

Yes. You can run as an independent candidate if you are not a member of any political party for at least three months before the election. You must be nominated by a certain number of registered voters from your area. This number depends on the seat you are running for. Independent candidates are allowed to campaign and appear on the ballot just like those in parties. These rights are protected under Article 85 of the Constitution and Section 33 of the Elections Act.

What IEBC and other election bodies do

The Independent Electoral and Boundaries Commission is in charge of elections. It registers voters, approves candidates, manages polling stations, and announces results. The Registrar of Political Parties keeps records of political parties and checks that they follow the law. If a party treats you unfairly or refuses to nominate you, you can go to the Political Parties Disputes Tribunal. This tribunal settles disagreements involving parties and their members under the Political Parties Act.

What every aspiring leader should know

As we approach the 2027 election, every person who wants to run must understand the legal path. Whether you belong to a party or are running independently, the law expects you to be honest and prepared. Follow the steps, file the correct documents, and be ready to defend your record.

Leadership is a public trust. The law gives every Kenyan the right to seek elective office, but it also expects every leader to respect the Constitution. Running for office is a duty and a promise to serve. The law is here to protect that promise.