IEBC Clarifies Academic Requirements for Kenyans Seeking Presidential, Gubernatorial and MP Seats 

The Independent Electoral and Boundaries Commission (IEBC) has clarified the academic requirements for Kenyans seeking to contest for the presidency, governorship and parliamentary seats ahead of the 2027 General Election.

In a TV interview, IEBC Commissioner Anne Nderitu said no law requires aspirants eyeing these seats to have degree certificates.

Nderitu said a petition was filed before the 2022 general election challenging the degree of a President, MP and governor, because the Election Act required them to have degrees.

The Commissioner said the court ruled that the degree requirement for the three positions was illegal.

“When they went to court, the determination of those cases was determined after the general election. Actually, probably, I’m thinking it’s about either 2025 or 2024. That’s when the cases were determined. The case returned the verdict. What the court said is that Section 22B1 of the Elections Act is unconstitutional,” Nderitu said.

She explained that the court based its ruling on two key issues, including a finding that the decision violated Articles 27 and 10 of the Constitution, which guarantee equality, non-discrimination and inclusiveness.

Court Ruling, Degree Requirement Illegal

Nderitu said the court analysed the 2019 census, which indicated that only 3.5% of Kenyans have degrees.

“According to the ruling then, it means that the rest of the Kenyan population, 96.5%, cannot participate in the election for governor, president and MP. Meaning then, that is discriminatory,” she said.

Besides, the court pegged the other one on Article 10, the requirement of public participation.

According to Nderitu, the court ruled that public participation was not done when Section 22 of the Election Act was being passed.

“It means then that it never met the threshold of Article 10 on public participation. So, as we start today then, there is no requirement for a degree for anybody. That’s the situation we are in,” she said.

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How IEBC Can Include It

Nderitu said the requirement can be included only if someone files a petition in court and IEBC starts the public participation process to include the degree requirement.

She explained that Kenyans will give their opinion and IEBC will work with that.

Nderitu said the Constitution requires Parliament to prescribe the necessary educational qualifications for elective positions.

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She explained that Parliament must interpret Article 99 and enact legislation setting the education qualifications required for each elective seat.

“And that is what the Election Act did. But now, that is what the judge and the court is saying: it’s unconstitutional; you cannot see how public participation, and then it is dictionary because only a few Kenyans have degrees as compared to the large mass,” she said.

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The image shows ballot boxes in a polling stationPHOTO/Cit