Two registered voters want the National Assembly to repeal a provision in the Elections Act requiring anyone running for elective posts to have a degree.
Speaker of the National Assembly Justin Muturi informed MPs that he received a petition from Anthony Manyara and John Wangai stating that Section 22 (1) (b) of the Elections Act is unconstitutional to the extent that they are discriminatory, inconsistent with the Constitutional provisions in the Bill of Rights.
“The petitioners, therefore, pray that this House deletes Section 22(1)(b) of the Elections Act in its entirety so as to provide a fair playground to all candidates seeking elective positions regardless of their educational backgrounds,” read the petition.
They added that the provisions are also against the will and sovereignty of the people.
“In addition, the petitioners claim that the university degree requirement will make political leadership a preserve of the elite and will disenfranchise a number of good leaders who may not have been privileged to pursue higher education. As they may not have completed the pursuit of their degrees within the projected time period of less than two years to the next elections,” the petitioner stated further.
Implementation of the amended Section 22 of the Election Act was postponed in the 2017 polls to allow candidates seeking to run for MP and MCA positions to acquire the required academic qualifications.
The provisions are to come into force and apply to qualifications for candidates in the general elections to be held after the 2017 General Elections being August 2022 General Elections.
However, in their contribution to the petition which will be handled by the Justice and Legal Affairs Committee, MPs minced no words as they displayed their opposition to the request by the two petitioners.
Garissa Township Aden Duale, Robert Pukose (Endebess), David Ochieng ( Ugenya), and Kangongo Bowen (Marakwet East) stated that House should not even entertain the petition because it is an abuse to the process because suspension in the implementation of the law was meant to give sitting MPs, MCAs and aspirants alike sufficient time to upgrade their academic qualification to at least a degree.
Duale noted that holders of elective seats must be well equipped and possess academic qualifications that facilitate the exercise of the legislative, oversight and representative roles effectively.
