NAIROBI, Kenya Oct 21 – The Independent Electoral and Boundaries Commission (IEBC) has objected to the separation of of amendments by two Senators seeking to scrap a university degree requirement for Members of County Assembly (MCA) and Members of Parliament (MPs) positions.
In a submission to the Senate’s Justice and Legal Affairs Committee, IEBC Chairman Wafula Chebukati demanded that Parliament must provide some level of education qualification to enable the Commission uphold tenets of the Constitution.
He noted the proposed amendments by Elgeyo Marakwet Senator Kipchumba Murkomen contradicts Article 99 (I),(b) and 193 (I) (b) of the Constitution even though it provides for inclusivity by allowing persons who may have other attributes of a leader apart from education to vie for and elective post.
Article 99 of the Constitution requires that candidates contesting in an election must satisfy educational requirements.
The IEBC Chairman noted that Murkomen’s proposal sought to re-introduce the provisions for ‘Language Tests’ under the now repealed National Assembly and Presidential Elections Act (Cap 7) that required every person desirous of standing as a candidate at a parliamentary election to apply to the Electoral Commission for a test as to his proficiency in the English and Swahili languages.
“Following the new constitutional dispensation- Cap 7 was repealed and the Elections Act enacted to respond to the provisions of the Constitution,” Chebukati said.
The polls agency also dismissed another by Narok Ladema Ole Kina citing that it is discriminatory.
“The law provides no direct guidance on how educational qualifications are to be arrived at; however the Bill gives due regard to low literacy levels in marginalized counties. This is an argument that would cut across all elective positions. This raises the question of the Bill being discriminatory especially since both Parliament and the County Assembly play similar roles,” the IEBC Chairman stated.
Chebukati stated that the Commission is concerned that the proposals in the Bill appear to suggest that the nature of the duties and functions performed by the National Assembly and the Senate require higher educational qualifications, skills and wider exposure than the County Assembly.
The Senators drafted amendments after the electoral commission announced that only those with degrees will be allowed to vie in next year’s polls in compliance with the Elections Act.
In the proposed amendment, Murkomen wants anyone who is able to read and write in English or Swahili language or, in the case of a person who is deaf, is literate in the Kenya sign language cleared to run for office.
Ole Kina’s amendment seeks to shield an MCA who does not hold a certificate of secondary education but has served for two terms, one term as a member of a county assembly under the Constitution of Kenya 2010 and another term as a member of a local authority from the degree requirement.
Enforcement of the provision was suspended in the 2013 and 2017 elections with MPs at the National Assembly saying they can no longer push it forward any further.
The High Court on October 15 declared as unconstitutional a law that makes it mandatory for aspirants of Member of County Assembly (MCA) positions to have a university degree.
Justice Anthony Mrima in a recent ruling, found that Sections 22 (1) (b) (ii) of the Election Act is invalid and in violation of the constitution for failure to undertake public participation.
He was ruling on five petitions filed by different individuals and entities led by the County Assemblies Forum (CAF).
Through lawyer Charles Njenga, told the court that out of 2,250 Members of County Assemblies presently serving, only 30 percent are holders of university degrees.
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