High Court Nullifies Law Requiring MP Aspirants to Have University Degrees

The High Court has nullified part of the elections law requiring MP aspirants in the August 9th general elections to have a degree from a recognized university.

Justice Anthony Mrima, in a ruling on Wednesday, said no meaningful public participation was carried out before the enactment of Section 22(1)(b)(i) of the Elections Act, 2011.

The judge stated that the provision was in-operational, of no legal effect, and void from the beginning. 

"For clarity, the requirement that a person must possess a degree from a university recognized in Kenya to qualify to be a Member of Parliament in Kenya is hereby nullified," he ruled.

The ruling follows a petition filed by four people who are eyeing parliamentary positions in the upcoming elections.

The Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati had earlier announced that only university degree holders would be allowed to vie for MP seats in the forthcoming elections in compliance with the act.

The amended section of the act was set to take effect in the 2017 elections but was postponed to 2022 to allow candidates eying parliamentary seats to acquire the required academic qualifications.