Candidates aspiring to become Governors will no longer be required to have a degree. This is according to a ruling that was delivered by the High Court.
In making this ruling, Justice Anthony Mrima ruled that the degree requirement was unconstitutional.
He rules that the qualification for the position of County Governor is similar to that of the Member of County Assembly.
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Justice Mrima however ruled that this judgment will come into effect during the 2027 General Elections.
This requirement for a degree was introduced through an amendment of the Election Laws (Amendment) Act of 2017.
“A declaration is issued that Section 22(2) of Elections Act contravenes Article 180(2) of the Constitution by creating an avenue for differentiation between eligibility requirements between Members of County Assembly and County Governors, hence to that extent is unconstitutional,” Justice Mrima ruled.
In this ruling, Justice Mrima issued the declaration that Section 22(2) of the Elections Act, which requires a person nominated as a candidate for election of county Governor or deputy county Governor to be holder of a degree from a university recognized in Kenya, contravenes Article 180(2) of the Constitution.
The nullified legal provision has been in existence since 2011 and was used in the 2013, 2017 and 2022 elections to lock out all governor candidates who did not meet the degree requirement.
