Senate passes activist Laban Omusundi's petition into law restricting MCA nominations to local voters

From now on, you will have to be a registered voter in your respective county to be eligible for an MCA nomination.

This follows the passing of a petition by activist Laban Omusundi under the Elections (Amendment) Act 2024, a change that will undoubtedly reshape the nomination process as the country prepares for another general election.

Omusundi's petition, presented to the Senate in October 2023, aimed to address a perceived "loophole" that permitted political parties to nominate individuals from outside the county to serve in the county assembly, thereby undermining local representation.

The law he campaigned for has now been enshrined in last year's amendment, marking a significant victory for accountability in devolved units.

“The previous law was silent, and you would find someone nominated from a different county,” says the executive director of Grassroots Civilian Oversight.

Omusundi says he pushed for the change because some nominees were not familiar with the needs and challenges of the wards they were appointed to represent, which made them ineffective. He adds that this practice also denied qualified locals, who understood their communities' issues, a fair opportunity to serve.

He explains that, while an initial proposal had sought to include residency as a condition, this was dropped because the Elections Act does not clearly define who qualifies as a resident.

“The new law says that you must be a registered voter from within that county, and that’s the qualification for nomination going forward,” he says.

He clarifies that, although the law came into effect in 2024, it will officially apply to the 2027 general election, as the current round of nominations took place before the amendment was enacted. However, he notes that the provision already applies to any new or replacement nominations made after the law took effect.