The High Court of Kenya has declared the requirement to have a degree to vie for the Governor’s seat unconstitutional.
Justice Antony Mrima said on Friday that the qualification for the election of a county governor is similar to that of a Member of a County Assembly (MCA).
In another earlier ruling, High Court Justice Antony Mrima exempted a Member of the County Assembly from requiring a university degree to vie. Subsequently, all MCA candidates were cleared by the Independent Electoral and Boundaries Commission (IEBC) without a university degree.
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Article 180(2) provides “to be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.” This means if MCA candidates were cleared to vie without a degree, governorship candidates should also be cleared without a degree because their qualification to vie is the same as that of one vying as an MCA.
The requirement for a degree was introduced through an amendment of the Election Laws (Amendment) Act of 2017.
Implementation of the legal provision was postponed in the 2017 polls to the 2022 General Election.
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