High Court Rules Governor Candidates Do Not Need University Degrees to Vie

The High Court has declared a law requiring gubernatorial candidates to have a university degree as unconstitutional.

While delivering the ruling on Friday, Justice Anthony Mrima said qualifications for both governor and MCA candidates should be similar.

"A declaration is hereby issued that pursuant to article 180 sub article 2 as read with section 183 of the constitution, the qualification for the election of a County Governor is similar to the eligibility for election as an MCA," judge Mrima ruled.

"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.”

Section 22 (ii) of the Elections Act requires those eyeing the president, deputy president, governor, and deputy governor positions to have a degree recognized in Kenya.

The ruling, which takes effect in the next general election, followed a petition filed by Victor Buoga, who argued that the law violated Article 180(2) of the constitution by putting an academic degree as a threshold for qualifications of candidates for election for the county governor.