Members of County Assemblies have challenged the amendment of a law that requires them to possess a university degree in order to defend their positions in the 2022 elections.
The MCAs argue that it would be unfair to subject them to the same qualifications as MPs.
Through their lawyer Tom Ojienda, the MCAs claim that Parliament should have not set the same criteria as that of MPs, Governors and the president given their roles and functions are different.
“If the said law is upheld, up to 70 per cent of the MCAs will not be re-elected since they lack degrees,” the MCAs argued.
Ojienda argued the amendments by parliament that set a requirement for the MCAs to be holders of a degree is unconstitutional.
The lawyer submitted that taking into account the last population census, some counties and wards will miss representation if the amendment is upheld.
Ojienda further told Justice Mrima that MCAs do not earn the same salaries or perform the same functions as their superiors.
There was no public participation conducted by Parliament before the law was passed, as required by the law, they argued.
Prof Ojienda pointed out that illiterate Kenyans who are the majority could not support the amendment as this could deny them the right of representation to the county assembly.
He singled out Mount Elgon in Bungoma County, which he said does not have a single MCA who is a graduate.
They urged the court to declare the amendment unconstitutional.
The judge will give a ruling on October 15.
Edited by D Tarus
