Law Requiring MPs and MCAs to Have University Degrees Challenged in Court

A law requiring contestants for MP and MCA seats to have university degrees has been challenged in court.

Two petitions have been filed challenging Section 22 (1)(b) of the Elections Act 2011, which takes effect in the 2022 elections.

In the first petition, Gloria Orwaba argues that the clause violates the Constitution as it introduces unnecessary hurdles for those seeking to run for elective posts.

She further argues that by failing to recognize and equate various academic qualifications, training skills, and other merits, the law discriminates against many Kenyans who may qualify as good leaders.

“Section 22 of the Election 22 of the Election ACT 2011 specifically fails to recognize any other form of training or competence other than a conventional degree from a recognized University,” read court papers.

The second petition was filed by Sheria Mtaani and lawyer Shadrack Wambui through lawyer Danstan Omari.

The two petitioners argue that the COVID-19 pandemic disrupted the 2020 academic year, thus hindering many Kenyans from obtaining degrees. 

“The impugned section of the election Act flows from a flawed assumption that persons possessing a university degree which test fails the constitutional threshold under article 24 of the constitution,” reads the papers.

The legislation requires contestants for all the six elective positions to be holders of a bachelor’s degree.

The law was set to take effect in the 2017 elections, but MPs successfully lobbied for its suspension in the hope of obtaining the papers by 2022.

Last week, Deputy President William Ruto called for the repealing of the law, terming the requirement as unreasonable.

He argued that it is unnecessary to demand uniform academic qualifications from leaders running for different elective seats in the country.

“The Constitution prohibits any unreasonable restrictions being placed on the way of voters or candidates to be able to vie or vote in any elections,” said Ruto.

“To say that MCAs should have the same qualifications as MPs, Governors and even the President is not reasonable.”