IEBC walks tightrope over degree rule for MP, MCA aspirants

As the clock ticks towards the 2027 General Election, the Independent Electoral and Boundaries Commission (IEBC) still faces the daunting task of enforcing the university degree requirement for parliamentary aspirants.

The commission has struggled to implement the requirement since 2015 due to opposition from Members of Parliament and court orders favouring aspirants with little or no formal education.

Last week, IEBC chairman Erastus Ethekon told The Standard that the commission was in no rush to resolve the issues that have prevented the enforcement of the degree requirement for parliamentary candidates. “We are not in a hurry because if we do it now, someone will again try to frustrate the process, but we will do it at the appropriate time,” said Ethekon.

In April 2022, the High Court declared unconstitutional the requirement for MPs and MCAs to possess university degrees, ruling that Section 22 of the Elections Act had been enacted without adequate public participation.

It remains unclear what steps the current IEBC leadership is taking to restart the process and conduct proper public participation before the next election cycle.

Although the law was first enacted in 2011, Parliament repeatedly postponed its implementation, allegedly to give candidates more time to acquire qualifications.

Currently, a university degree is mandatory only for candidates seeking the Presidency, Deputy Presidency and governorships.

Pundits argue that the debate over the educational qualifications of leaders should be revived, as the push for university degrees remains a battleground between the quest for credible leadership and the constitutional right to political participation.

“Going into 2027, there is a need to enforce the university degree requirement if we truly yearn for leaders who can deliver impactful change. After four years in university, it is not just papers that one acquires, but also discipline and values. Education is indispensable,” says Professor of Management and Leadership Gitile Naituli.

“I strongly believe that the education level of a leader, especially at constituency level, contributes to the development of that area. If you look at Tigania West Constituency, for instance, former MP Kilemi Mwiria was able to transform the constituency within just two terms,” he adds.

He also cites the cases of Mike Sonko and Kawira Mwangaza, arguing that they appeared overwhelmed by the demands of office.

Political observers further note that modern responsibilities, such as oversight, legislation and national budgeting require a high level of academic competence to help leaders navigate increasingly complex policy issues.

In a virtual High Court ruling, Justice Anthony Mrima said there had been no meaningful public participation before the enactment of the law. “I find and hold that there was no meaningful public participation towards the enactment of Section 22(1)(b)(ii) of the Elections Act. In sum, the impugned provision falls short of the constitutional requirement under Article 10(2)(a) of the Constitution,” ruled Mrima.

The ruling paved the way for aspirants in various elective positions to contest without degrees.

Earlier, the IEBC under former chairman Wafula Chebukati had directed that parliamentary aspirants would be required to present degrees from recognised institutions before being cleared to vie.

The move sparked opposition in the Senate, prompting lawmakers to pass the Elections (Amendment) Bill, 2021, which scrapped the degree requirement.

A total of 27 senators supported the Bill, sponsored by former Elgeyo Marakwet Senator Kipchumba Murkomen. Legislators argued that the law would unfairly discriminate against some Kenyans seeking elective office.

Despite the setbacks, the electoral agency has unveiled fresh policy proposals aimed at tightening the management of the 2027 polls. The proposals, currently before Parliament’s Justice and Legal Affairs Committee, seek to strengthen electoral integrity and address gaps exposed in previous elections.

Among the proposals is a requirement that any individual nominated to a county assembly must be a registered voter within that county.

“A person shall not be nominated by a political party unless the person is, on the date of submission of the party list, a registered voter in any of the wards in the county in which the person is nominated,” reads the proposal.

If adopted, the rule would lock out individuals seeking nomination outside their counties of voter registration. For example, a voter registered in Mombasa would not qualify for nomination as an MCA in Kisumu.

The IEBC also wants Parliament to repeal Section 20 of the Electoral Code of Conduct to grant the commission prosecutorial powers over election-related offences, including cases involving fake academic certificates.

If approved, the move could speed up the resolution of electoral disputes and offences.

Further, the commission has proposed increasing the maximum number of voters per polling station from 700 to 800.

The IEBC argues that improvements in voter identification technology and the deployment of additional clerks will reduce congestion and speed up the voting process.