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High Court Quashes Law Demanding Degrees From Aspiring Governors


The High Court has quashed a law that requires aspirants for gubernatorial positions to have a university degree.

A judgement rendered by Justice Anthony Mrima found that Sections 22(2) of the Election Act is conflicting as it contravenes Article 180(2) of the constitution by creating an avenue for differentiation between requirements between Members of County Assembly (MCA) and County Governors.

According to the Election Act 22(2) of the Election Act, a person who holds a degree from a recognized university in Kenya is eligible to nomination as   President, Deputy President, County Governor or deputy County Governor.

“A person may be nominated as a candidate for election as President, Deputy President, County Governor or deputy County Governor only if the person is a holder of a degree from a university recognised in Kenya,” reads Article 22(ii) of Elections Act.

Court’s Verdict

“A declaration is hereby issued that pursuant to Article 180(2) as read with 183 of the constitution the qualification of the election of a County Governor is similar to the legibility for election as that of a Member of County Assembly,” Judge Mrima said.

The petition was filed by a Kenyan voter, Victor Buoga, in court who argued that aspirants for the gubernatorial positions do not need a degree certificate to contest just like those vying for the Members of the County Assembly (MCA) seats.

By Rodgers Oduor


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