Mr Adrian Kamotho Njenga wants the High Court to suspend implementation of an elections law that provides for university degree qualification as a precondition to nomination for election of an MP.
The city lawyer has accused the electoral commission of secretly seeking to bar candidates who lack degree certificates from contesting the position of Member of Parliament in the August 9 elections,2022.
“IEBC has curiously avoided making any reference to qualifications for MP candidates thus citizens have been left groping in the dark with regard to the issue of educational qualifications attached to the position of Member of Parliament,” said Kamotho.
In a certificate of urgency filed before the High Court, Kamotho wants Section 22 of the Elections Act in respect to MPs nullified on grounds that the Independent Electoral and Boundaries Commission (IEBC) has released the 2022 General Election calendar and declared August 9 as the date for the election for MP.
He argued that the move was deliberate so that the commission can sneak in Section 22 (1) of the Elections Act 2011 which requires candidates seeking the position of MP to have a degree certificate before being cleared to vie.
“Due to the lingering confusion and lack of clarity by the commission, there is a danger that duly qualified and patriotic citizens who desire to serve the nation in the capacity of MP may be illegitimately locked out,” said Kamotho.
Kamotho says that Article 99 (1) (b) of the Constitution provides that a person is eligible for election as a MP if he or she satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament.
The lawyer argued that although a majority of Kenyans do not have degrees, they have other skills.
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