•The court found there was no public participation towards the enactment of the said provision.
•A lobby group had moved to court seeking to quash the law that demands all aspirants in the upcoming 2022 General elections to have a university degree.
The High Court has declared as unconstitutional Section 22 of the Elections Act that requires aspirants for MCA seats to have a university degree.
The court on Friday found there was no public participation towards the enactment of the said provision.
A lobby group had moved to court seeking to quash the law that demands all aspirants in the upcoming 2022 General Election to have a university degree.
Sheria Mtaani argued that the law is discriminatory and unfair especially to the MCA aspirants.
Through lawyer Danstan Omari the lobby group said the aspirants for the 2022 General elections, particularly for the seat of MCA and who are not degree holders for a reason or another, have been thrown into pandemonium and confusion and forced to abandon their early and reasonable engagements with the electorates in preparation for the year 2022 polls.
"That the General elections which should by law be held on the second Tuesday of August 2022 are fast approaching as IEBC makes preparations and directives to political parties to propose its candidates for the six elective positions thus the need for the court to urgently and expeditiously deal and determine the constitutional controversy," Omari argues.
Omari further avered that the effects of the Covid-19 pandemic disrupted the academic year 2020 which has also played a significant role in hampering and frustrating the academic progression of so many Kenyans who had hoped to graduate with a university degree by the year 2022.
He argued that this Covid-19 factor was never within the contemplation of the legislature when the impugned section of the law was enacted.
Sheria Mtaani further argued that failure for most persons to achieve a university degree in the current Kenyan context is also arguably a result of the high poverty levels which have bedevilled this country since independence as the government and the constitution only makes free, mandatory and accessible basic education.
The Independent Boundaries and Electoral Commission had announced that the degree requirement will be mandatory for all aspirants in next year's general election.
Previously, only the president, his deputy, governors and their deputies were required to be holders of at least a bachelors degree certificate.