MPs and MCAs have launched separate bids to scuttle enforcement of a law requiring all contestants for seats in next year’s elections possess a university degree.
Tuesday, some MPs revealed plans to, once again, postpone the implementation of the law — which had been suspended in the 2013 and 2017 elections — by a further five years, which will give a huge relief to dozens of politicians eyeing seats but have no university degree.
And Members of county assemblies also plan to move to court arguing the provision making it mandatory for contestants of all the six elective positions to have a university degree is discriminatory.
This week the electoral agency said it will enforce the requirement while vetting candidates for next year’s General Election.
If implemented, about 70 per cent of the current MCAs will be locked out of the race.
Tuesday, the County Assemblies Forum (CAF), the umbrella group for MCAs, termed the requirement unconstitutional.
CAF Secretary General Kipkirui Chepkwony, who said the body will go to court to challenge the law, said the legislation will stifle democracy.
The body estimates that 70 per cent of the current MCAs have no degree, with no possibility to get them in the next one year before the polls.
“Article One of the Constitution states the sovereign power belongs to the people and it is the people who should choose who their leaders should be irrespective of their academic qualification, therefore, there is no way we should interfere with this,” said Mr Chepkwony.
Mr Chepkwony, who is also Tinderet MCA, said some of the best leaders in Kenya and Africa were not university graduates but performance and service delivery to the people is key for one to ascend to leadership.
“We are against that Election Act that requires one to be a degree holder to be an MCA and it is not because more than 70 per cent of the current ward reps have no degree, but because education should not be used to gauge leadership skills of people,” he said.
An amendment of Section 22 of the Election Act requires contestants running for senator, member of the National Assembly, woman representative and MCAs to have a university degree, joining those running for president and governor, who were required to have degrees as from 2013.
Belgut MP Nelson Koech, an ally of Deputy President William Ruto, said he will propose an amendment to the law.
“I will sponsor an amendment of this Act because education requirements should be limited to utility. They should not be exerted to the point where they limit competent Kenyans from positions of leadership. We have less than five million graduates in Kenya, why should we lock out 90 percent of Kenyans from leadership?” Mr Koech asked.
He added: “There is no question that the requirement for a degree for MPs and MCAs is a violation of Article 38(3) of the Constitution. The Constitution gives every adult citizen the right, without unreasonable restriction, to be a candidate for public office.”
Kapseret MP Oscar Sudi, who has been in trouble with the law over his academic qualifications, said leadership should not be limited to one’s education.
“There are some of my colleagues in the National Assembly who speak a lot of English but when you visit their constituencies, you find that there are no development projects they have rolled out. The electorate want projects which will elevate their lives not debating. Therefore this law on degree requirement will not see the light of the day, I promise,” Mr Sudi said in Nandi recently.
Women MPs also termed the proposal unfair, with Suba North MP Millie Odhiambo saying there was a high chance that the implementation of the law might be pushed not to apply in 2022.
“I know a bill will be brought to the House since there are leaders without degrees and also (implementing the law) will affect women adversely,” said Ms Odhiambo.
National Assembly Minority leader John Mbadi said he will listen to the reasons given out by promoters on why it should be postponed again.
Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati on Monday said the Elections Act section 22 mandates all candidates to have a minimum of a university degree from a recognized university to vie for the 2022 elections.
He said that the commission is developing a memorandum of understanding (MoU) with the Kenya National Qualifications Authority (KNQA) and the Commission for University Education (CUE) on the verification of academic papers, which will be presented by the candidates for the polls.
“IEBC is a creature of the law and we shall abide by the provisions of the law. Section 22 of the Elections Act mandates all candidates in 2022 to have a university degree qualification. We are in a country where there are so many fake degree certificates. All candidates must have degree academic qualifications,” said Mr Chebukati.
Nyeri Town MP Ngunjiri Wambugu and his Malava counterpart Malulu Injendi Tuesday also supported calls for the review of the law.
“My thoughts on this issue have always been that until we have a system where the process of getting a university degree is equally accessible to all Kenyans irrespective of their economic status, then it’s unfair to use a degree as criteria to determine who should run for elective office,” said Mr Wambugu.
Mr Injendi welcomed the plan to amend the law, arguing that that leadership is not necessarily pegged on academic prowess but it should be seen as an added advantage.
“Even if indeed it can be made mandatory, then how do we insulate persons-communities-regions that have been disadvantaged for a very long time in accessing education? Personally I meet that requirement but I am only appreciating the reality in matters of education,” he said to the Nation .
But Garissa Township MP Aden Duale, who is also the former majority leader, said the law must be implemented, arguing that an MP’s job is a complex one that requires a minimum of a university degree qualification to grasp.
“One would be required to be well-equipped and possess academic qualifications that facilitate the exercise of the legislative, oversight and representative roles effectively…whereas there are arguments that leaders are born, even born leaders require to have the academic ability to execute their roles,” said Mr Duale.
South Mugirango MP Sylvanus Osoro and his Keiyo South counterpart have asked their colleagues to shelve plans to sponsor the amendment of the Election Act, arguing that time is ripe for meritocratic democracy, noting that it is long overdue.
“I will not support its amendment to put it off. Let the law take its course. It has been pushed for so long; enough is enough. Seats of representation are too important to be left to anybody,” said Mr Rono.
Aldai MP Cornelius Serem said: “MPs have been aware that there is this law, let them obey it and allow its implementation because we were given enough time to go back to class so it should not be postponed again.”
Turkana North legislator Christopher Nakileau said MPs who have not acquired a degree since the 2016 postponement of the Act should not give any excuse at the moment, arguing that the window has closed.
“It should not be amended since enough time has been given for those interested in political seats to transit to acquire the requisite qualifications…the mover of the amendment must have sufficient grounds to get my support,” said Mr Nakileau.
