On Friday, September 30, the High Court declared unconstitutional the law that requires governors to have a degree to be eligible to vie.
In his judgment, Justice Anthony Mrima said that section 22 (ii) of the Election Act which requires gubernatorial aspirants to have a degree before being cleared to vie contravenes Article 180(2) of the constitution.
Article 180(2) of the constitution provides that to be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.
“A declaration hereby issues that section 22(ii) of the Election Act contravenes Article 180(2) of the constitution by creating an avenue for differentiation between the eligibility requirement of a governor and member of county assembly hence to that extent it is unconstitutional,” he stated.
The degree requirement for gubernatorial aspirants was effected after an amendment to the Section of the Election Laws (Amendment) Act of 2017.
Former Law Society of Kenya (LSK) boss Nelson Havi expressed his dissatisfaction with the court’s quashing of University Degree for gubernatorial aspirants.
Havi, who unsuccessfully sought to unseat Westlands MP Tim Wanyonyi on a UDA party ticket in the August 9, General Election argued that the ruling demeans the essence of the academic credential.
As such, the lawyer has asked the Attorney General to appeal the decision saying it will water down the purposes of establishing Universities if left to stand.
The Attorney General ought to appeal against the decision to remove a degree as an eligibility requirement for the election of Governors, MPs, and MCAs. What is the purpose of establishing all these Universities if illiteracy is a qualification for elective leadership?”Nelson Havi posed.
