•IEBC chairman Wafula Chebukati announced that only those with degrees will be allowed to run in next year's general election
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Elgeyo Marakwet Senator Kipchumba Murkomen has drafted a bill to amend Section 22 of the Elections Act to remove the requirement of an academic degree for those seeking to run for MPs and MCAs.
The Independent Boundaries and Electoral Commission this week announced that the requirement will be mandatory for all aspirants in next year's general election.
Previously, only the president, his deputy, governors and their deputies were required to be holders of at least a bachelors degree certificate.
IEBC chairman Wafula Chebukati made the announcement much to the chagrin of many aspirants. The requirement could dim the political careers of many.
And now, Murkomen seeks to have the requirement scrapped.
His Elections (Amendment) Bill, 2021 will be introduced in the Senate for first reading next month when the lawmakers resume plenary sessions after a month-long recess.
In the proposed amendment, Murkomen wants anyone who is able to read and write in English or Swahili language or, in the case of a person who is deaf, is literate in the Kenya sign language.
“The purpose of this bill is to amend the Elections Act No. 24 of 2011 to enable a person who is able to read and write to be nominated as a candidate for elections as a member of Parliament,” the bill reads.
The push comes days after IEBC chairman Wafula Chebukati announced that only those with degree certificates will be allowed to run in 2022.
“We will follow the law and the Elections Act clearly states that all candidates in the six elective positions must have a university degree to able to qualify to run for office,” Chebukati said on Monday.
The declarations threw a spanner in the works for many politicians who lack the academic qualifications.
On Tuesday, two citizens petitioned the National Assembly to repeal section 22 (1)(b) of the Elections Act, 2011.
Anthony Manyara and John Wangai argued that the section is unconstitutional to the extent that they are discriminatory, inconsistent with the constitutional provisions in the Bill of Rights and against the will and sovereignty of the people.
“The petitioners claim that the university degree requirement will make political leadership a preserve of the elite and will disenfranchise a number of good leaders who may not have been privileged to pursue higher education,” Speaker Justin Muturi said as he read out the petition to members.
In 2016, Parliament amended the Principal Act to allow only those with degrees from recognised universities in Kenya to be allowed to run for political office.
However, the implementation of the amended section 22 of the Election Act was postponed in the 2017 polls to allow candidates seeking to run for MP and MCA positions to acquire the required academic qualifications.
On Monday, Chebukati said the commission will enforce the law in next year’s polls, adding that IEBC will engage professional agencies to handle cases of fake academic documents.
“We are in a country where cases of fake degree certificates are common and we have engagements with Kenya National Qualifications Authority and the Commission for University Education to verify academic certifications,” Chebukati said.
In the amendment, however, Murkomen argues that requirement for academic qualifications for aspirants is unconstitutional.
He cited Article 38 (3) of the Constitution that provides that every adult citizen has the right, without unreasonable restrictions, to be registered as a voter, to vote by secret ballot in any election or referendum, and to be a candidate for public office or office within a political party of which the citizen is a member and elected, to hold office.
“The provision as contained in the Elections Act is not only restrictive but discriminates against persons who may not have a degree as it implies that only persons who have a degree have the capacity to serve in public office,” Murkomen said.
He added, “This bill therefore seeks to provide for inclusivity in the election process by enabling persons who can read and write to vie for election.”
The bill got the backing of Deputy President William Ruto.
“The Constitution prohibits any unreasonable restrictions being placed on the way of voters or candidates to be able to vie or vote in any elections,” Ruto said on Thursday.
He asked Parliament to come up with laws that will not discriminate against any Kenyan. " To say that MCAs should have the same qualifications as MPs, governors and even the President is not to be reasonable," he said.
On Thursday, senators and members of the National Assembly expressed mixed reaction to the proposed amendment.
Makueni Senator Mutula Kilonzo Jr said the requirement for a degree for those seeking elective seats is a two-edged sword.
“This law has its own challenges. It can easily be construed as if it is a violation of political rights although the downside of it is that when we prescribed that governors must have degrees and those who oversight them should not, then it becomes difficult,” he said.
Nandi Senator Samson Cherargei, however, supported the bill, saying provided one can write and read, they should be allowed to run for political office.
Former National Assembly majority leader Aden Duale has supported calls for all aspirants to obtain a degree ahead of 2022 elections.
“This is the law unless amended by Parliament and hence if interested in vying for any elective position in 2022, please ensure that you have a degree from a university recognised in Kenya,” Duale said.
Edited by P.O