High Court declares law requiring MPs to have university degrees unconstitutional

The High Court has declared null and void the section of the Election Act that requires Members of Parliament to have a degree.

In a ruling delivered virtually from Nairobi, Justice Anthony Mrima said the disputed provision had failed to undertake adequate public participation.

The ruling paves the way for aspirants seeking to serve as Members of Parliament who do not have university degrees to contest in the forthcoming general elections.

The Independent Electoral and Boundaries Commission (IEBC) in February this year 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.

However, later that month, the Senate passed the Election (Amendment) Bill 2021 that scrapped the university degree requirement for aspirants seeking elective posts.

This came after 27 Senators voted in favour of the bill, which was sponsored by Elgeyo Marakwet Senator Kipchumba Murkomen, with no single legislator opposing it.

In July, the Senate legal committee led by Nyamira Senator Okong'o Omugeni approved the bill saying it will ensure that no Kenyan is discriminated against as far as vying for positions is concerned.