IEBC

The Independent Electoral and Boundaries Commission (IEBC) has confirmed that a university degree is not currently a prerequisite for candidates contesting presidential, gubernatorial, or parliamentary seats in the 2027 General Election.

Speaking on Citizen TV, IEBC Commissioner Ann Nderitu explained that judicial rulings invalidated the degree requirement within the Elections Act, rendering it unenforceable for the upcoming electoral cycle:

“As we start now, there is no requirement for a degree for anybody. That’s the situation we are in… But a degree, as we start now, is not part of the requirement.”

Basis for Court Ruling and Discrimination Concerns

The High Court previously struck down the university degree requirement after petitioners challenged its constitutionality under Articles 27 and 10 of the Kenyan Constitution, which guarantee non-discrimination and mandate public participation:

  • Demographic Exclusion: Citing the 2019 Census, the court noted that only 3.5% of the population held university degrees. Enforcing the requirement would effectively disqualify 96.5% of citizens from contesting major elective offices.

  • Discriminatory Impact: The court determined that limiting political participation to a small percentage of the population breached constitutional protections against systemic discrimination.

“According to the ruling, it means that the rest of the Kenyan 96.5 per cent cannot participate in elections for governor, for president and for member of parliament. Meaning then, that is discriminatory.”

Mandatory Eligibility Criteria and Legislative Process

While the degree requirement is currently suspended, Nderitu emphasized that Parliament could reintroduce educational standards if enacted through proper legislative channels, including public participation:

“Unless now, maybe somebody will go to court, or we then start the process of public participation and now allow the degree process now to come through the proper public participation.”

In the absence of a new statutory amendment, aspirants for the 2027 elections must fulfill all other constitutional and statutory eligibility conditions. Candidates must maintain Kenyan citizenship, be registered voters, secure nomination via a recognized political party or as an independent candidate, and comply with Chapter Six leadership and integrity standards.

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