The High Court of Kenya has declared the requirement to have a degree to vie for the Governor’s seat unconstitutional. In a ruling by Justice Anthony Mrima, the qualification for the election of a county governor is similar to the eligibility for election for a Member of a County Assembly (MCA).

“A declaration is hereby issued that pursuant to article 180 sub article 2 as read with section 183 of the constitution, the qualification for the election of a County Governor is similar to the eligibility for election as an MCA,” Mrima ruled.

This ruling was made after Victor Buoga, a voter moved to court to compel it to remove the degree requirement for governors because it was unconstitutional. Mr Buoga argued that the constitutions says that one is eligible to vie as governor if he or she can qualify to be an MCA.

Section 22(ii) of the Elections Act requires that a person seeking to vie for the position of president, deputy president, county governor or deputy governor must have a degree recognised in Kenya while Article 180(2) says that the qualification for the election of a County Governor is similar to the eligibility for election as an MCA . The supremacy of the constitution makes it the point of reference bypassing the elections act.

However, in a move to forestall the many petitions that may be filed challenging the election of governors by those barred from contesting in the 2022 elections for lack of a degree, the judge said the declaration of unconstitutionality will take effect during the 2027 General Election.