This archive report was first published on 29 September 2021.
Published on September 29, 2021, a group of Members of County Assemblies (MCAs) have embarked on a spirited campaign to amend a law that requires them to possess a university degree before defending their positions in the forthcoming 2022 elections.
The MCAs argue that it would be unfair to subject them to the same qualifications as Members of Parliament, Governors, and the President, given their different roles and functions.
According to their lawyers, Prof Tom Ojienda and Charles Njenga, the amendments by Parliament that set a requirement for the MCAs to be holders of a degree are unconstitutional.
The lawyers submitted that taking into account the last population census, some counties and wards will miss representation if the amendment is upheld.
“MCAs do not earn the same salaries or perform the same functions as their superiors,” the court heard.
Prof Ojienda pointed out that illiterate Kenyans, who are the majority, could not support the amendment as it 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.
