A university degree is not currently required to contest for president, governor or Member of Parliament positions, after courts struck down laws imposing the academic qualification.

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The requirement was quashed by the High Court in Nairobi on April 13, 2022, following five consolidated petitions challenging the university degree requirement, which the electoral commission had been preparing to enforce in the August 2022 elections.

The controversy played out alongside high-profile cases involving politicians such as the then Nairobi Senator Johnson Sakaja, whose university academic qualifications were challenged when he sought the Nairobi governorship.

Justice Anthony Mrima declared the degree requirement unconstitutional and nullified Section 22(1)(b)(i) of the Elections Act, which required parliamentary candidates to hold university degrees. The provision had been introduced through the Elections Laws (Amendment) Act, 2017.

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He found that Parliament had not adequately consulted the public before introducing the requirement, and that the law violated constitutional rights to equality, political participation, and the protection of minorities and marginalised groups. He therefore declared the provision invalid and ruled that a university degree was no longer required to contest for an MP seat.

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The position was confirmed recently by a member of the Independent Electoral and Boundaries Commission (IEBC), Commissioner Ann Nderitu, as prospective candidates prepare for the 2027 General Election. She said the commission has no legal basis to demand a degree for those offices.

"We do not have the degree requirement anywhere," Ms Nderitu said in a television interview, adding that the position followed court decisions that invalidated the statutory degree requirement.

Eleven petitioners, including serving MCAs seeking parliamentary seats, aspiring candidates and an advocate, challenged the provision in five cases later consolidated before the High Court in Nairobi. The petitioners were lawyer Adrian Kamotho Njenga, Kipas Lengues, Jimmy Parnyumbe Luka, Noonyuat Sankei, Tipapa Ole Kirpokop, Paul Macharia Wambui, Joseph Karanja Muchai, David Kimani Njenga, Donald Makana, Stephen Muthuka and Festus Ndeto.

They argued that the requirement restricted political rights, discriminated against Kenyans without degrees, and affected marginalised groups. They also challenged the lack of public participation in the law's enactment.

📰 Source: Nation Africa