STILL IN FORCE

Aspiring MPs must have degrees - IEBC

"In the forgoing circumstance, there is no educational requirement in respect of MCA aspirants."

In Summary

• IEBC chief executive Marjan Hussein said the law requiring MPs to have degrees is still in force.

• "Unless declared unconstitutional by the Court, the degree requirement for Members of Parliament is in force and is trite law,"

IEBC chairman Wafula Chebukati at a forum by IEBC and faith-based organisations at Hermosa Gardens on September 22, 2021.
POLLS BOSS: IEBC chairman Wafula Chebukati at a forum by IEBC and faith-based organisations at Hermosa Gardens on September 22, 2021.
Image: FILE

The Independent Electoral and Boundaries Commission has said that candidates vying for MP must have degrees.

In a letter responding to UDA Secretary general Veronica Maina, IEBC chief executive Marjan Hussein said the law requiring MPs to have degrees is still in force.

"Unless declared unconstitutional by the Court, the degree requirement for Members of Parliament is in force and is trite law," he said.

"Section 22 of the Elections Act, 2011 speaks to the requirement of Members of Parliament and Members of the County Assembly to possess a degree from a university recognized in Kenya. This law is in force for purposes of the General Election 2022."

Maina had written to the Commission requesting for information on qualifications and requirements for candidates across all elective posts.

IEBC said there is no educational requirement in respect of MCA aspirants after the High Court in a judgement on constitutional petition No. E229 of 2021 on October 15, 2021 declared section 22(1)(6)(i) of the Elections Act unconstitutional.

"For clarity, the Court effectively nullified the requirement that a person must possess a degree from a university recognized in Kenya to qualify to be a Member of a County Assembly."

The electoral body went on to say that aspirants for the position of President, Deputy President, Governor, and Deputy Governor must possess a degree from a university recognised in Kenya.