Aspirants for the Member of Parliament (MP) seat can now apply for approval to vie for the position without possessing a University Degree.
In a ruling delivered on Thursday, February 24, Justice Antony Mrima directed that the Independent Electoral and Boundaries Commission (IEBC) should clear the applicants until the case is heard and determined.
The suit had been filed by four applicants among them Narok East aspiring MP Kipas Lengues.
"That pending the determination, IEBC shall issue the petitioners herein and any other person intending to vie for the position of an MP with a condition clearance subject to the outcome of this petition and upon certifying the rest of conditions as imposed by IEBC," ruled the judge.
IEBC had, at the beginning of February, announced that it would require all aspirants to present their certificates but noted that they would comply with the Court's ruling after the matter has been detrmined.
“Nonetheless, we wish to bring to your attention that there is an ongoing litigation at the High Court challenging the Constitutionality of the said section 22(1)(b)(i) of the Elections Act.
“Unless declared unconstitutional by the Court, the degree requirement for Members of Parliament is in force and is trite law," announced IEBC CEO Marjan Hussein.
In September, two bills seeking to ammend that requiring all political aspirants to have degrees were tabled in the Senate backed by senators Kipchumba Murkomen (Elgeyo Marakwet) and Ledama Olekina (Narok).
The initial bill had been passed in 2011. The country, however, did not enforce it in both the 2013 as well as 2017 General Elections.
Initially, suits that sought to make it compulsory for aspirants in the Members of the County Assembly (MCA) category were dismissed.
“The Court effectively nullified the requirement that a person must possess a degree from a university recognized in Kenya to qualify to be a Member of a County Assembly.
"In the foregoing circumstance, there is no educational requirement in respect of MCA aspirants,” stated IEBC.
