- The identical bills, the Election (Amendment) Bill, 2021, were introduced in the House for first reading.
- They are sponsored by senators Kipchumba Murkomen (Elgeyo Marakwet) and Ledama Olekina (Narok).
Image: JACK OWUOR
It is a race against time to save politicians without degrees as two bills seeking to scrap the requirement were tabled in the Senate on Tuesday.
The identical bills—the Election (Amendment) Bill, 2021—were introduced in the House for the first reading in an apparent spirited attempt to save aspiring politicians without degree certificates.
The bills are amending Section 22 of the Elections Act, 2011, which requires all candidates for political seats to have a degree qualification from the next election.
They are sponsored by senators Kipchumba Murkomen (Elgeyo Marakwet) and Ledama Olekina (Narok).
The degree requirement threatens to knock out thousands of aspirants.
The controversial legislation was passed in 2011 but its execution was deferred in both the 2013 and 2017 general elections, ostensibly to allow politicians without the qualification to acquire it.
IEBC chairman Wafula Chebukati has maintained that any candidate without a degree from a recognised university will not be cleared.
“We followed the law and the Election Act clearly states that all candidates in the six elective positions must have a university degree to be eligible to run for office,” he said during the launch of the commission’s strategic plan at the Bomas of Kenya in June.
However, there has been a spirited attempt in Parliament to amend the law to save the lot that now risks being locked out.
In Murkomen’s bill, he is proposing that any Kenyan who can read and write be allowed to contest for a political office.
“The purpose of this Bill is to amend the Election Act, No.24 of 2011 to enable a person who can read and write to be nominated as a candidate for elections as a Member of Parliament,” the bill reads.
Murkomen argues that the current law is unconstitutional as it bars Kenyans without degrees from exercising their rights.
“The provision as contained in the Elections Act is not only restrictive but discriminates against persons who may not have a degree as it stipulates that only persons who have a degree have the capacity to serve in public office,” Murkomen said.
Olekina, for his part, is retaining the degree requirement for members of Parliament but reduces the threshold to a Form 4 certificate for MCAs.
MCAs who have served for at least two terms, one term as a member of county assembly under the new Constitution and another term as a member of the local authority under the repealed Local Government Act, do not need to hold the Form 4 certificate, the bill states.
“The principal object of this Bill is to amend the Election Act, No. 24 of 2011 to ensure equality to all candidates who aspire to vie as members of a county assembly during elections,” it says.
In June, two citizens petitioned the National Assembly to repeal section 22 (1)(b) of the Elections Act, 2011.
Anthony Manyara and John Wangai argued that the section is unconstitutional to the extent that it is discriminatory, inconsistent with the constitutional provisions in the Bill of Rights and against the will and sovereignty of the people.
“The petitioners claim that the university degree requirement will make political leadership a preserve of the elite and will disenfranchise some good leaders who may not have been privileged to pursue higher education,” Speaker Justin Muturi said as he read out the petition to members.
Edited by Kiilu Damaris