Court Nullifies Law Requiring Governors to Have Degrees

Nairobi Governor Johnson Sakaja during a meeting with ODM, Wiper and Jubilee MCAs on Wednesday, September 21, 2022. (1).jpg
Nairobi Governor Johnson Sakaja during a meeting with ODM, Wiper, and Jubilee MCAs on Wednesday, September 21, 2022.
Governor Johnson Sakaja

The High Court has repealed the degree requirement for candidates seeking to run for gubernatorial positions. 

Justice Anthony Mrima through a verdict delivered on Friday, September 30, noted that the gubernatorial election was similar to that of the member of the county assembly (MCA) thus quashing the requirement.

Mrima observed that the requirement was unconstitutional ordering for the requirement to be shelved in the 2027 General Election.

IEBC Chairman Wafula Chebukati releasing the presidential election results at Bomas of Kenya on August 15, 2022
IEBC Chairman Wafula Chebukati releasing the presidential election results at Bomas of Kenya on August 15, 2022
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“A declaration hereby issued that pursuant to Article 180 sub article 2 as read with section 183 of the Constitution,” Justice Mrima ruled. 

The 11th Parliament enacted the Election Laws (Amendment) Act of 2017 which revised the degree requirement.

It was, however, effected in the 2022 General Election only.  

Among the aspirants who were affected by the requirement was Nairobi governor, Johnson Sakaja, who battled several lawsuits before being cleared to vie. 

Sakaja's degree also surfaced during the Nairobi gubernatorial debate where he clarified that he was ready to present it to the public. 

“I have a degree and in fact, I would want to display it today for all of you to see it. I don’t know how you will be able to verify it but the competent authorities’ institutions that have to verify it have actually said that it is correct. 

“I have all the qualifications to run for governor of Nairobi. I have the competence, the character, will and experience to lead the county of Nairobi,” Sakaja added.

The High Court suspended a case challenging his academic papers and ordered the IEBC to add his name to the list of candidates.

Azimio candidate Polycarp Igathe and UDA's Johnson Sakaja during the Nairobi County Gubernatorial debate at CUEA on July 11, 2022.
Azimio Nairobi County gubernatorial candidate Polycarp Igathe and UDA's Johnson Sakaja during the Nairobi County Gubernatorial debate at CUEA on July 11, 2022.
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