2022 election: IEBC says aspirants seeking MP seat must have university degrees
Candidates seeking Member of Parliament (MP) positions in
the forthcoming August elections will now be required to have University degrees.
The Independent Electoral and Boundaries Commission (IEBC), in a statement on Thursday, directed that aspirants seeking the parliamentary position would be required to produce a degree from any recognized institution for them to be cleared to run for the seat.
“Nonetheless, we wish to bring to your attention that there
is an ongoing litigation at the High Court challenging the Constitutionality of
the said section 22(1)(b)(i) of the Elections Act,” read the statement from IEBC CEO Marjan Hussein.
“Unless declared unconstitutional by the Court, the degree
requirement for Members of Parliament is in force and is trite law.”
Similarly, the commission noted that the High Court had dismissed
petitions seeking to declare degree requirements compulsory for candidates seeking to be Members of County Assembly (MCA).
IEBC referred to a court ruling dated October 15, 2021, that
sought to amend Section 22 of the Elections Act, 2011 which required MPs and
MCAs to possess a degree from any recognized institution of higher learning in Kenya.
“The Court effectively nullified the requirement that a person
must possess a degree from a university recognized in Kenya to qualify to be a
Member of a County Assembly. In the foregoing circumstance, there is no
educational requirement in respect of MCA aspirants,” IEBC stated.
However, the commission upheld the earlier position by the court
to have Presidential, Deputy President, Governor and Deputy Governor aspirants
required to have the degree qualifications.
“We wish to advise that the qualifications for President, Deputy President, Governor and Deputy Governor remain as they were in the General election of the year 2017,” the commission noted.
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