MP aspirants can finally breathe a sigh of relief after the High Court suspended the degree requirement for MPs in the August elections until suit challenging it is heard, and determined.
Justice Antony Mrima on Thursday, February 24 ordered the Independent Electoral and Boundaries Commission to clear all aspirants even if they do not possess degree certificates.
In his ruling, the Judge said that the order does not affect other electoral requirements but is subject to the outcome of the main petition.
“That pending the determination, IEBC shall issue the petitioners herein and any other person intending to vie for the position of an MP with a condition clearance subject to the outcome of this petition and upon certifying the rest of conditions as imposed by IEBC,” Justice Mrima has ordered.
Justice Antony Mrima made the order following a case lodged by four petitioners led by Narok East aspiring MP Kipas Lengues.
“The petitioners namely Hon Kipas, Jimmy Parnyumbe, Luka, Noonyuat Sankei, and Hon Tipapa Ole Kirrokor are aspiring to vie in the forthcoming nominations and the general election. Specifically, Parnyumbe and Sankei are desirous of vying under UDA party ticket,” the court papers read.
The petitioners had gone to court after the IEBC said that law requiring MPs to have degrees was still in force in their response to an inquiry by United Democratic Alliance (UDA) party Secretary General Veronica Maina.
The IEBC acting Chief Executive Officer Marjan Hussein had said that unless declared unconstitutional by the Court, the degree requirement for Members of Parliament is in force and is trite law.
“Section 22 of the Elections Act, 2011 speaks to the requirement of Members of Parliament and Members of the County Assembly to possess a degree from a university recognized in Kenya. This law is in force for purposes of the General Election 2022,” Marjan had said.
