A Court Hammer[Photo :pd.co.ke]
The court found there was no public participation towards the enactment of the said provision.
A lobby group had moved to court seeking to quash the law that demands all aspirants in the upcoming 2022 General elections to have a university degree.
Justice Anthony Mrima said the provision contained in Section 22 (1) of the Elections Act was irrational and had been developed without proper public participation.
The court found there was no public participation towards the enactment of the said provision.
He further pointed out that the National Qualification Act requires academic training from any college or institution.
The judge said that the 2019 population data showed that there were 2.1 m graduates in the country, 25 percent whom were reported to be living in Nairobi.
He further said that some sub-counties like in Mau Forest, Kakamega and the North Eastern region have few if any graduates making the law irrational since people in such areas who be restrained from electing leaders of their choice.
A lobby group had moved to court seeking to quash the law that demands all aspirants in the upcoming 2022 General Election to have a university degree.
Sheria Mtaani argued that the law is discriminatory and unfair especially to the MCA aspirants.
Through lawyer Danstan Omari the lobby group said the aspirants for the 2022 General elections, particularly for the seat of MCA and who are not degree holders for a reason or another, have been thrown into pandemonium and confusion and forced to abandon their early and reasonable engagements with the electorates in preparation for the year 2022 polls.
“That the General elections which should by law be held on the second Tuesday of August 2022 are fast approaching as IEBC makes preparations and directives to political parties to propose its candidates for the six elective positions thus the need for the court to urgently and expeditiously deal and determine the constitutional controversy,” Omari argues.
Omari further averred that the effects of the Covid-19 pandemic disrupted the academic year 2020 which has also played a significant role in hampering and frustrating the academic progression of so many Kenyans who had hoped to graduate with a university degree by the year 2022.