This archive report was first published on 22 October 2021.
On October 22, 2021, Justice Anthony Mrima of the Kenyan high court delivered a landmark ruling that declared unconstitutional the requirement for Member of County Assembly (MCA) candidates to hold a university degree.
The ruling came in response to a petition filed by serving MCAs and potential candidates in the 2022 general elections, who argued that the decision by Parliament was meant to lock out several candidates and leave many Kenyans under-represented in many counties.
Justice Mrima ruled that Parliament did not conduct public participation as required by law, and that the amendment setting the requirement for MCAs to hold university degrees is null and void.
According to the judge, the 2019 population census data showed that there were 2.1 million graduates in the country, with 25 percent of them residing in Nairobi. However, some sub-counties, such as those in Mau Forest, Kakamega, and North Eastern, did not have a single graduate, making the impugned decision irrational and unlawful.
Justice Mrima pointed out that the National Qualification Act requires academic training from any college or institution, not necessarily a university degree.
