The law mandating a degree for gubernatorial candidates was overturned by the supreme court this morning.
Section 22(2) of the Elections Act has been deemed unconstitutional by Justice Antony Mrima.
The Act states that “A person may be nominated as a candidate for election as President, Deputy President, County Governor or deputy County Governor only if the person is a holder of a degree from a university recognised in Kenya.”
“A declaration hereby issued that pursuant to article 180 sub article 2 as read with section 183 of the constitution,” the court ruled.
Judge Mrima says the section contravenes section 180 of the constitution which says to be eligible to vie as Governor a person must be eligible for election as an MCA.
Justice Mrima ruled that the qualification for the election of a County Governor is similar to the eligibility for election as an MCA.
Justice Mrima ruled that just like MCAs, governor candidates without a degree are eligible to vie for a seat.
