MCAs thrown under the bus on 2022 degree requirement
Mercy Mwai @wangumarci
Members of Parliament yesterday disowned Members of County Assembly (MCAs) on the raging debate on degrees being made compulsory for any candidate in next year’s General Election.
The MPs insisted the provision is good and will improve legislation and oversight. On the other hand, the MCAs said the move is discriminatory and will stifle diversity.
County Assemblies Forum (CAF) chairperson and Nyandarua Speaker Ndegwa Wahome revealed that the forum had instructed its lawyers to file a petition in court to have the requirement quashed.
“I was in Nairobi yesterday and instructed Njenga Advocates to file a petition against this as a matter of urgency.
We want this matter to go to an independent judge, who will be able to give us a fair hearing,” he said.
But in the National Assembly, legislators from both sides of the House maintained that a degree certificate was the most basic education requirement anyone seeking elective office should possess.
The MPs spoke after National Assembly Speaker Justin Muturi read a petition submitted to the House seeking to delete the provision for the degree requirement.
The petition by Anthony Manyara and John Wangai asked the National Assembly to repeal Section 22(1)(b) of the Elections Act, 2011, requiring those vying for elective positions to be in possession of a degree certificate.
Academic calender
In their argument, the petitioners said that since the Covid-19 pandemic had disrupted the academic calendar, some sitting and aspiring candidates who do not meet the academic requirements would be disadvantaged as they were not in a position to complete their degree courses within the projected time ahead of next year’s elections.
In addition, the petitioners claim the requirement will make political leadership a preserve of the elite and will disenfranchise a number of good leaders who have not pursued higher education.
“The petitioners argue that Section 22(1)(b) are unconstitutional to the extent that they are discriminatory, inconsistent with the constitutional preserves in the Bill of Rights and against the will and sovereignty of the people, who, constitutionally are the ones to elect their representatives irrespective of academic credentials,” the petition.
The petitioners proposed that the entire clause be deleted and instead proposed that those interested in elective positions should be holders of a certificate, diploma or other post-secondary school qualification acquired one year before an election, recognised by the relevant Ministry of Education.
“The petitioners, therefore, pray that this House deletes Section 22(1)(b) of the Elections Act in its entirety so as to provide a fair playground to all candidates seeking elective positions regardless of their educational background,” added the petition.
The petition came hours after the Independent Electoral and Boundaries Commission ruled that anyone wishing to vie for any of the six elective positions in the August 2022 polls must have a university degree.
Commission chairman Wafula Chebukati reminded the aspirants that the Elections Act Section 22 mandates all candidates to have a minimum of a university degree from a recognised university to vie for the 2022 elections.
Speaking in Parliament yesterday, MPs asked the departmental committee on Justice and Legal Affairs chaired by Kangema MP Muturi Kigano to throw away the petition, arguing that aspiring politicians had all the time to go back to school but many had not.
Other jobs
Leader of Majority Amos Kimunya told those who do not have degrees to wait until 2027 when they would have acquired the certificate to vie for elective positions.
“Following the enactment of this Act, people have invested time and money to go back to school, if then we are seen to make a law and then go back to it then we will never be taken seriously because people will always think they can always lobby to change it, we cannot legislate in vain.
Let those interested in the positions go back to school. Let them think of 2027 and let them give others who have gone to school a chance to participate,” said Kimunya.
Leader of Minority John Mbadi told those who do not have degree certificates to look for other jobs.
He reminded MCAs that they had all the time since 2017 to go back to school but instead of doing so they concentrated on fighting him over his stance on the requirement.
“Immediately after 2017, I told MCAs who did not have a degree to go back to school but demonstrations were held in Nairobi, Kisumu and Mombasa against me.
Those MCAs saw me as their enemy, but today I am vindicated. A degree requirement is a must. Let us retain this law as is,” he said.
Garissa Township MP Aden Duale said they cannot allow people who have no basic education qualification to be elected to Parliament and participate in the budgetary function of the House, to audit the Auditor General or to table bills in the House yet they did not have qualifications.
“We cannot educate our children and then tell people they can come to the National Assembly and the Senate without an education background.
People had a chance from 2017 till now, that is four years... they should have gone to school and acquired a degree, which must be verifiable and must have transcripts,” he said.
Kisumu West MP Olago Aluoch and his Igembe North counterpart Maoka Maore reminded MCAs that they needed to be educated to be able to oversight governors.
Endebess MP Robert Pukose said people had 10 years to get degrees and thus postponing the requirement to 2027 was wrong and an abuse to Kenyans.
Ugenya MP David Ochieng’ asked the committee to throw away the petition, as it is a waste of time and resources.
