Ms. Veronica Maina the Secretary General of United Democratic Alliance (UDA) on 4th Jan 2022 wrote to IEBC seeking clarification on matters academic qualification and requirements for Elective positions of the 2022 general elections. This was prompted by uncertainty and need to know whether IEBC was insync with the courts. The Ag. Commission Secretary/CEO Marjan Hussein Marjan responded with good and bad news for those without degrees.
It reads;
17th January, 2022
REF: IEBCVREO/2/6/GENOILI (62)
Ms. Veronica Maina
Secretary General
United Democratic Alliance (UDA)
Hustler Centre, Makindi Road Off Riara RD
P.O. Box 37500-00100, Nairobi
RE: REQUEST FOR ASPIRANTS QUALIFICATIONS AND REQUIREMENTS FOR ELECTIVE POSITIONS OF GE 2022
We acknowledge receipt of your letter dated 4th January, 2022.
We wish to advise that the qualifications for President, Deputy President. Governor and Deputy Governor remain as they were in the General election of the year 2017. They must possess a degree from a university recognized in Kenya.
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. However, the High Court in judgement dated 15th October, 2021 in Nairobi High Court Constitutional Petition No. E229 of 2021, declared section 22 (1) (b) (ii) of the Elections Act unconstitutional.
For clarity, the Court effectively nullified the requirement that a person must possess a degree from a university recognized in Kenya to qualify to be a Member of a County Assembly. In the forgoing circumstance, there is no educational requirement in respect of MCA aspirants.
Nonetheless, we wish to bring to your attention that there is an ongoing litigation at the High Court challenging the Constitutionality of the said section 22 (1) (b) (i) of the Elections Act. Unless declared unconstitutional by the Court, the degree requirement for Members of Parliament is in force and is trite law.
In this regard, we wish to also attach herewith., a notice of March 2013 outlining the qualifications and requirements for candidates vying for various elective positions for your appropriate action and advise to your candidates awaiting High court ruling.
Download letter here; IEBC Degree requirements 02 Feb 2022
Marjan Hussein Marjan ~ Commission Secretary/CEO
