Degree not a Requirement for Governors- Court Rules

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Chrispen

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Friday, September 30, 2022 –High Court has given green light to non-degree holders in the country to vie for Governor seat saying Degree requirement is unconstitutional.

In its Friday September 30 ruling, the High Court declared Section 22 (ii) of the Elections Act that requires one to have a degree to vie for Governor seat as unlawful.

According to Judge Anthony Mrima, the ruling made today will now be operational from 2027 when next general election will be conducted.

“A declaration is hereby issued that pursuant to article 180 sub article 2 as read with section 183 of the constitution, the qualification for the election of a County Governor is similar to the eligibility for election as an MCA,” Judge Mrima ruled.

In that Section of the law which Mirima has quashed, a person seeking to vie for the position of president, deputy president, county governor or deputy governor must have a degree recognised in Kenya.

The case had been filed by one Victor Buonga who moved to court to challenge the law which he argued contravened Article 180(2) of the Constitution of Kenya.

So Many candidates in the last August 9 election faced academic challenges diring their clearance with the learning regulator – Commission for University Education CUE.

For example, the now Nairobi Governor Johnson Sakaja survived by a whisker following revelations that he was not a Degree holder. Same situation also affected Kapsaret Member of Parliament MP Oscar Sudi.