The High Court has declared unconstitutional a law that makes it mandatory for aspirants for gubernatorial positions to have a university degree.
A judgement rendered by Justice Anthony Mrima on Friday, September 30, 2022, found that Sections 22(2) of the Election Act is invalid as it contravenes Article 180(2) of the constitution by creating an avenue for differentiation between the eligibility requirements between Members of County Assembly (MCA) and County Governors.
Sections 22(2) of the Election Act states: “A person may be nominated as a candidate for election as President, Deputy President, County Governor or deputy County Governor only if the person is a holder of a degree from a university recognised in Kenya.”
Court's declaration
"A declaration is hereby issued that pursuant to Article 180(2) as read with 183 of the constitution the qualification of the election of a County Governor is similar to the legibility for election as that of a Member of County Assembly," judge Mrima said.
The decision comes after a voter, Victor Buoga, filed a petition in court saying governor aspirants do not need a degree certificate to contest just like those vying for the Members of the County Assembly (MCA) seats.
