The High Court of Kenya has declared Section 22 (2) of the Elections Act requiring County Governors and deputy County Governors to have a degree in order to vie for the County leadership to be unconstitutional, null and void.
The Petitioner, Victor Buoga though advocate Harry Stephen Arunda has questioned the Constitutionality of Section 22 (2) of the Elections Act No 24 of 2011.
According to the Petitioner, this section contravenes Article 180 (2) of the Constitution by putting academic degree as the threshold for qualification of the candidate in the Election for County Governor.
The petitioner submitted that this section put the Constitution of Kenya under threat of contravention to the extent of violating fundamental rights and freedoms of the people of Kenya.
According to the Petitioner, the qualification of an individual to vie as a member of the County Assembly should be similar to that of County Governorship.
MCAs are not required by law to have a degree certificate for them to qualify for the election. As a result, the petitioner is of the view that Governors too should be compelled to have a degree for them to vie.
In Judgement, the Constitutional Review Division Judge, Justice Anthony Mrima, ruled that pursuant to Article 180 (2) as read with Article 183 of the Constitution, the qualification for the election of a County Governor is similar to the eligibility for election as a member of County Assembly.
Further, he declared that section 22 (2) of the Elections Act contravenes Article 180 (2) of the Constitution by creating an avenue for differentiation between the eligibility requirement of MCAs and County Governors, hence to that extent being unconstitutional.
According to Justice Mrima, the declaration of unconstitutionality of Section 22 (2) of the Election Act will take effect in the 2027 General elections.
