Friday, September 30, 2022 – The High Court has today nullified the law that requires governors to have a University degree to be eligible to vie.
High Court Judge Justice Antony Mrima declared section 22(2) of the elections act unconstitutional.
The Act states that “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.”
Judge Mrima says the section contravenes section 180 of the constitution which says to be eligible to vie as Governor a person must be eligible for election as an MCA.
“A declaration hereby issued that pursuant to article 180 sub article 2 as read with section 183 of the constitution,” the court ruled.
Justice Mrima ruled that the qualification for the election of a County Governor is similar to the eligibility for election as an MCA.
The Judge further said that just like MCAs, governor aspirants without a degree are eligible to vie for a seat.
This is good news for millions of Kenyans who were locked out of the recent gubernatorial elections due to a lack of degree certificates.
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