By Ahmed Salat Ali | Political Affairs Reporter, AARAN TV KE
With barely 14 months remaining before Kenya heads to the 2027 General Election, the debate surrounding academic qualifications for political aspirants has once again taken centre stage in the country’s electoral discourse.
The Independent Electoral and Boundaries Commission (IEBC) is facing renewed pressure over whether to enforce the university degree requirement for individuals seeking parliamentary and county assembly seats.
For years, the electoral agency has struggled to implement the controversial provision due to political resistance, constitutional hurdles and repeated court battles. The uncertainty now threatens to create confusion among aspirants preparing for the next polls, particularly those eyeing seats in the National Assembly, Senate and county assemblies.
Although the law introducing degree requirements was first enacted in 2011, Parliament repeatedly postponed its implementation, arguing that many aspiring leaders required more time to attain the necessary academic qualifications.
The issue has remained politically sensitive, with critics insisting that leadership should not be reserved for the elite or those with higher academic credentials alone.
Currently, only candidates seeking the Presidency, Deputy Presidency and gubernatorial seats are legally required to possess university degrees. However, attempts to extend the same threshold to Members of Parliament and Members of County Assembly have repeatedly encountered strong resistance.
In April 2022, the High Court dealt a major blow to the requirement after declaring Section 22 of the Elections Act unconstitutional. Anthony Mrima ruled that the provision had been enacted without meaningful public participation, rendering it inconsistent with constitutional principles under Article 10.
“I find and hold that there was no meaningful public participation towards the enactment of Section 22(1)(b)(ii) of the Elections Act. In sum, the impugned provision falls short of the constitutional requirement under Article 10(2)(a) of the Constitution,” Justice Mrima ruled in a virtual judgment.
The ruling effectively opened the door for aspirants without university degrees to contest in the 2022 General Election, dealing a significant setback to the IEBC’s efforts to professionalise elective leadership through academic thresholds.
Before the court decision, the commission, under the late former chairman Wafula Chebukati, had insisted that parliamentary aspirants would be required to present valid university degrees from recognised institutions before receiving clearance to contest.
The directive immediately sparked outrage among politicians, particularly senators, who accused the electoral body of attempting to lock out ordinary Kenyans from leadership positions.
The backlash prompted Parliament to pass the Elections (Amendment) Bill, 2021, which removed the degree requirement for MPs and MCAs. The Bill, sponsored by former Kipchumba Murkomen, received overwhelming support in the Senate, with 27 senators voting in favour.
Lawmakers argued that leadership should ultimately be determined by the will of the people rather than academic certificates.
Some legislators further maintained that the requirement discriminated against capable leaders from marginalised and rural communities who may not have had access to higher education opportunities.
Despite the legal and political setbacks, the IEBC appears determined to revisit the matter ahead of the 2027 General Election. However, the commission remains cautious about reigniting another legal battle prematurely.
IEBC chairman Erastus Ethekon recently indicated that the commission was taking a measured approach before reintroducing the issue for public debate and possible legislative action.
“We are not in a hurry because if we do it now, someone will again try to frustrate the process, but we will do it at the appropriate time,” Ethekon stated.
It remains unclear whether the current IEBC leadership has already initiated fresh public participation aimed at addressing the legal shortcomings identified by the High Court.
Unless the process is conducted properly and transparently, any attempt to reintroduce the requirement could once again collapse in court.
Even as the degree debate persists, the electoral agency has unveiled several reform proposals intended to strengthen the credibility and management of the 2027 General Election.
Among the proposals currently before Parliament’s Justice and Legal Affairs Committee is a new rule requiring any individual nominated to a county assembly to be a registered voter within the same county. If adopted, the proposal would bar individuals from seeking nomination positions outside their counties of voter registration.
The commission is also seeking prosecutorial powers over election-related offences through the repeal of Section 20 of the Electoral Code of Conduct. The proposed amendments would empower the IEBC to directly handle cases involving electoral malpractices, including the submission of fake academic certificates by aspirants.
Additionally, the commission has proposed increasing the maximum number of voters per polling station from 700 to 800, arguing that improved technology and the deployment of additional election clerks would help ease congestion and accelerate the voting process.
As the country inches closer to the 2027 polls, the debate over academic qualifications is expected to remain a contentious issue, reflecting the broader national conversation on leadership, inclusivity and democratic representation.
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