NAIROBI, Kenya, Sept, 30 – A High Court ruling has decreed that Kenyans seeking to contest the gubernatorial seat do not need a Degree certificate.
In the ruling, Justice Antony Mrima said that the education requirement is unconstitutional and that the qualification for the election is similar to that of the person seeking to contest the Member of County Assembly Seat.
“A declaration is issued that Section 22(2) of Elections Act contravenes Article 180(2) of the Constitution by creating an avenue for differentiation between eligibility requirements between Members of County Assembly and County Governors, hence to that extent is unconstitutional,” said Justice Mrima.
Victor Buoga had filed a petition in June 2022 calling for the nullification of the law that requires governor aspirants to be holders of a university degree.
In his petition, he argued that Article 180(2) provides that for an aspirant “to be eligible for election as county governor, a person must be eligible for election as MCA.
“The crux of the matter is the precondition placed by the Independent Electoral and Boundaries Commission (IEBC) for candidates vying for the election of County governors to conform to Section 22(2) of the Elections Act by having and producing academic degrees which is contrary to Article 180(2) of the Constitution,” said the petitioner’s lawyer Harry Stephen Arunda.
The declaration of the ruling will take effect in the next general election in 2027.
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