This archive report was first published on 22 June 2021.
On June 22, 2021, the High Court ordered the Attorney General, the Speaker of the National Assembly, and the Independent Electoral and Boundaries Commission (IEBC) to file their responses within 10 days to two petitions challenging the constitutionality of a law requiring politicians to hold a bachelor's degree before running for office.
The matter will be mentioned on July 7, 2021.
The law, which was passed before the 2017 election period, prohibits politicians from running for office if they do not have the necessary paperwork, including a bachelor's degree.
Members of County Assembly (MCAs) have argued against the legislation, saying it rules out those who consider themselves qualified leaders but do not have the required paperwork.
Two petitions have been filed challenging this law, with the first petitioner, Gloria Orwaba, arguing that the law violates the constitution and introduces unnecessary hurdles for those seeking to vie for elective posts.
She adds that the implementation of the said law is discriminatory against many Kenyans who may qualify as good leaders.
“Section 22 of the Election Act 2011 specifically fails to recognize any other form of training or competence other than a conventional degree from a recognized University,” reads court papers.
The second petitioner, Sheria Mtaani and lawyer Shadrack Wambui, filed their petition through lawyer Danstan Omar, arguing that the COVID-19 pandemic disrupted the academic year and thus altered the course of many Kenyans who wanted to have their degree by 2020.
