Amanze Chinonye
Kenyans without university degrees can contest for president, governor or member of Parliament in the 2027 general election, the Independent Electoral and Boundaries Commission (IEBC) has said, following court rulings that invalidated statutory degree requirements for elective office.
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IEBC Commissioner Ann Nderitu said the commission currently has no legal basis to demand a university degree from candidates seeking the three offices.
“As we start now, there is no requirement for a degree for anybody. That’s the situation we are in,” Nderitu said in an interview on Sunday.
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The clarification follows legal challenges to provisions of Kenya’s Elections Act that made a university degree a qualification for candidates seeking elective office.
In 2022, the High Court declared unconstitutional a provision requiring parliamentary candidates to hold university degrees, finding that it violated constitutional protections relating to equality, political rights and public participation.
A separate ruling later that year invalidated the degree requirement for presidential candidates, while another decision struck down the requirement applicable to governors.
Nderitu said the courts considered the degree requirement discriminatory because only a small proportion of Kenyans held university qualifications.
She cited the 2019 census figure of about 3.5% of Kenyans with university degrees, saying the court reasoned that the requirement could effectively exclude the vast majority of citizens from seeking elective office.
The rulings relied partly on Article 27 of the Constitution, which guarantees equality and freedom from discrimination, and Article 10, which establishes national values and principles of governance, including public participation.
Nderitu said the courts also found that the process through which the degree requirement was introduced did not satisfy the constitutional threshold for public participation.
She said Parliament could reintroduce an academic qualification through legislation, but only after following the required constitutional and public participation processes.
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The issue also raises questions about educational requirements for members of county assemblies (MCAs). Nderitu said the MCA qualification was not directly challenged in the case, but the court’s reasoning created questions about maintaining different educational thresholds for governors and MCAs.
The absence of a university degree requirement does not remove other eligibility conditions. Candidates must still satisfy the constitutional and statutory requirements governing citizenship, nomination, registration, integrity and other qualifications applicable to their respective offices.
The development is likely to fuel debate over whether Kenya should impose alternative minimum educational qualifications for elected officials ahead of the 2027 election.
For now, the IEBC will assess candidates under the existing legal framework, which does not allow it to enforce a university degree requirement for presidential, gubernatorial or parliamentary candidates.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
