The Nairobi High Court has ruled that lacking a university degree is not a disqualification from vying for presidency in Kenya.
In a case filed by former presidential candidate Rajput Nazlin Umar in May 2022 the court stated that just like Members of Parliament, the degree requirement doesn’t apply to presidential aspirants.
This is however, contrary to section 22(2) of the Elections Act that requires a presidential candidate to hold a degree from a recognized university in Kenya.
“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 recognized in Kenya.” states section 22 of the Elections Act.
In his ruling, Justice Anthony Mrima declared that the decision in Wambui & 10 Others VS speaker of the National Assembly & six others case is not applicable to the section 22 (2) of the 2012 Elections Act
“The prevailing position in this matter is, hence, that as long as the decision in Wambui & 10 Others v Speaker of the National Assembly & six others case stands, then Section 22(2) of the Elections Act cannot hold in demanding a university degree requirement for a presidential aspirant,” stated Justice Mrima.
In the run-up to last year’s General Election, the Independent Electoral and Boundaries Commission (IEBC) disqualified candidates due to lack of degree certificates including Nazlin Umar Rajput, a presidential aspirant in the 2022 General Election.