The electoral agency has asked the High Court to throw out petitions challenging a law demanding all aspirants in the upcoming 2022 General Election to have a university degree.
IEBC's Legal and Public Affairs Director Michael Goa says the High Court lacks jurisdiction to hear and determine the cases as the issues have already been settled by the courts before.
Goa also argues that the enforcement of educational guidelines is lawful and within the mandate of the IEBC. "The standard set by Parliament under section 22 of the Elections Act cannot be discriminatory as it cuts across all persons and those who do not qualify have an opportunity to first seek to attain the qualifications.
The MCAs under the County Assembly Forum (CAF) banner, Sheria Mtaani and others (petitioners) filed a case in court seeking an order suspending the application and implementation of section 22 of the Elections Act.
The said section requires a degree qualification from a recognized university as a precondition for nomination for election as a member of county assembly in the forthcoming elections in 2022.
However, the IEBC says the petitioners have not satisfied the threshold requirements for court to issue the orders sought because the same issues they are contesting have been settled by the court of appeal and do not warrant a rehearsing.
"The applications have also been brought with undue delay since the amendments which are subject of the cases by the MCAs were introduced almost five years ago," says the commission.
Edited by CM
