IEBC: University degree not required to run for president, governor or MP

This story has significance for readers across Kenya and beyond.

- IEBC says candidates do not currently need university degrees to run for president, governor or MP in the 2027 election

- Commissioner Ann Nderitu said the degree requirement was declared unconstitutional by the court

- The qualification could be reintroduced through a proper legislative process involving public participation

The Independent Electoral and Boundaries Commission (IEBC) has clarified that aspirants do not currently need a university degree to contest for president, governor or member of parliament in the 2027 General Election.

IEBC Commissioner Ann Nderitu said the requirement was rendered unenforceable after the High Court declared the relevant provision in the Elections Act unconstitutional.

Speaking on Citizen TV on Sunday night, Nderitu explained that the legal position had changed following a court challenge mounted before the 2022 polls.

“As we start now, there is no requirement for a degree for anybody. That's the situation we are in,” Nderitu said.

Why was the degree requirement scrapped?

Nderitu said the degree requirement had been challenged in court before the 2022 election, with petitioners questioning its application to presidential, parliamentary and gubernatorial candidates.

Although the cases were concluded after the election, she said the court ultimately found Section 22B(1) of the Elections Act unconstitutional.

According to Nderitu, the decision was anchored partly on Articles 27 and 10 of the Constitution.

Article 27 guarantees equality and freedom from discrimination, while Article 10 outlines national values and principles of governance, including public participation.

The commissioner said the court also considered the relatively small proportion of Kenyans with university degrees.

She cited the 2019 Kenya Population and Housing Census, which showed that only about 3.5% of Kenyans held university degrees.

Nderitu explained that imposing a degree requirement could therefore prevent the overwhelming majority of Kenyans from seeking elective office.

“According to the ruling then, it means that the rest of the Kenyan 96.5% cannot participate in elections for governor, for president and for Member of Parliament. Meaning then, that is discriminatory,” she said.

The court also found that the process through which the degree requirement was introduced did not satisfy the constitutional requirement for public participation.

Nderitu said the qualification could only be introduced again through a fresh legislative process that complies with the Constitution.

Can parliament reintroduce the degree requirement?

Nderitu clarified that the court's decision did not permanently prevent Kenya from having educational qualifications for elective positions.

Instead, she said any such requirement would have to be introduced through the proper constitutional and legislative process, including meaningful public participation.

“Unless somebody goes to court, or we start the process of public participation and allow the degree requirement to come through the proper process, we will go by the verdict Kenyans return through that public participation,” she said.

She further explained that the constitution itself anticipates parliament setting educational qualifications for elective positions.

According to Nderitu, Article 99 provides for qualifications for members of parliament, with parliament expected to legislate on the specific educational standards.

However, until such a process changes the current legal position, Nderitu said a university degree cannot be enforced as a qualification for presidential, gubernatorial or parliamentary candidates.

“But a degree, as we start now, is not part of the requirement,” she said.

Qualifications to vie as an MCA in 2027

Nderitu was also asked about educational qualifications for Members of County Assembly (MCAs), where a post-secondary qualification had previously been required.

She said the MCA requirement was not directly covered by the court case but noted that the ruling raised questions about having different academic standards for governors and MCAs.

She explained that the court had considered the qualifications for governors and MCAs to be comparable, potentially creating an inconsistency if a degree were required for governors while MCAs needed only post-secondary education.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.