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Relief to Politicians as a High Court Nullifies the Degree Requirement for Those Vying for Governor

Politicians can now sigh with relief after the high court nullified the law requiring those vying for the position of the governor and their deputies to have a university degree. In a ruling delivered on Friday by Judge Anthony Mrima, the law requiring governors to have university degrees was declared unconstitutional.

According to Section 22(ii) of the Elections Act, a person seeking to vie for the position of president, deputy president, county governor, or deputy governor must have a valid degree from an institution recognized in Kenya.

"A declaration is hereby issued that according to article 180 sub article 2 as read with section 183 of the constitution, the qualification for the election of a County Governor is similar to the eligibility for election as an MCA," ruled High court Judge Anthony Mrima.

This requirement for governor and deputy governor aspirants to have university degrees was introduced through an amendment of the Election Laws (Amendment) Act of 2017. However, the judge in his verdict on the petition filed by one Victor Buoga maintained that the requirements of one vying for the Governor or deputy governor seat be similar to a person vying for a Member of a County Assembly (MCA) seat.

Implementation of that legal provision after it was enacted in parliament in 2017 was postponed from the 2017 general elections to the 2022 General Election. It consequently locked out many aspirants after it was applied in the 2022 polls.

Since there are, several court cases on the validity of some degrees presented by some current sitting governors for clearance by IEBC to vie, Judge Mrima submitted that his ruling would take effect from the next general election. This ruling will attract a huge number of applicants for the governor post in the next election since many politicians were locked out in the recent election by that provision.

Content created and supplied by: BrightonM (via Opera News )

Anthony Mrima Elections Act Victor Buoga


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