Elgeyo Marakwet Senator Kipchumba Murkomen has proposed changes to election laws to strike out the provision that aspirants for several elective positions be holders of a university degree.
Through the Elections (Amendment) Bill, 2021, Mr Murkomen wants to amend the Election Act to allow those seeking to be elected as MPs or members of county assemblies to do so without a degree.
Mr Murkomen wants people who can read and write in English or Kiswahili or are literate in sign language to be allowed to contest.
“The purpose of this Bill is to amend the Election Act to enable a person who is able to read and write to be nominated as a candidate for elections as a Member of Parliament,” reads the Bill.
Yesterday, Deputy President William Ruto also opposed the degree requirement arguing Article 38 of the Constitution prohibits any unreasonable restrictions being placed on voters or candidates to vie or vote in any elections or referendum.
“To say that MCAs should have the same qualifications as MPs, governors and the President is not reasonable. What the law provides, in my opinion, is unreasonable restriction on the way of candidates who want to be elected to various offices,” Dr Ruto said yesterday.
“I want to give you my word that we are going to support the review of those recommendations that were made in the law so that we allow the majority of Kenyans to vie for these positions. It is not reasonable that only one percent of Kenyans qualify to vie for these positions and we disenfranchise 99 percent of the population,” the DP added.
Mr Murkomen argues that article 38 (3) of the Constitution provides that every adult citizen has the right without unreasonable restrictions to be registered as a voter and to vote by secret ballot in any election or referendum.
He also says the law provides that every citizen has a right to be a candidate for public office or office in a political party and be elected to hold office.
The degree requirement will lock out many candidates who have leadership qualities but do not have a degree, he said.
“The provision as contained in the Elections Act is not only restrictive but discriminates against persons who may not have a degree as it implies that only persons who have a degree have the capacity to serve in public office,” he said.
The degree provision is supposed to come into force in the 2022 elections, but a petition in the National Assembly by Anthony Manyara and John Wangai is seeking to postpone its implementation.
They also argue that Covid-19 disrupted the academic calendar and some sitting legislators and aspiring candidates did not complete their studies within the stipulated time.
Mr Murkomen’s proposal now sets the stage for a duel in Parliament, as MPs are sharply divided on whether to postpone the degree provision again or let it come into force in 2022.
“This house is going to be hostile to any extension on the degree requirement. The hour of reckoning has come. How do you expect the chairperson of the budget to interrogate a budget of Sh3.6 trillion without a degree?” said Minority Leader John Mbadi.
Garissa Town MP Aden Duale said the common saying that leaders are born should not be entertained and that people should go back to school.
“Universities are open, people should make excuses and go back to school. There is this story that leaders are born. We cannot have people without basic education requirements to interrogate the Auditor-General’s reports and participate in the budget-making process,” he said
But Alego Usonga MP Sam Atandi and his Kiminini counterpart Chris Wamalwa said leadership should not be pegged on academic papers.
“The crisis in Kenya is not about papers but integrity. It has not been shown anywhere that those with papers have more integrity than others. This house should not block Kenyan voters from electing whom they want,” Mr Atandi said.
“Leadership is not about academics. Let us give a leeway and extend the qualification to 2027,” Mr Wamalwa said.
Enforcement of the degree provision for contestants running for senator, MP, woman rep and MCA was suspended in the 2013 and 2017 elections and now MPs are saying they can no longer push it forward any further.
The electoral body IEBC said when it unveiled its strategic plan on Monday that it will enforce the degree provision when it vets candidates for next year’s General Election.
