Temporarily clear MP aspirants without degrees, court orders IEBC
The High Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to clear parliamentary aspirants without degree certificates.
Justice Antony Mrima yesterday directed the electoral agency to clear all MP aspirants as long as they meet other qualifications. He, however, said the orders were conditional pending the outcome of the petition filed by four United Democratic Alliance (UDA) aspirants.
“Pending the determination of the notice of motion herein, IEBC shall issue the petitioners herein and any other person intending to vie for the position of MP with a conditional clearance subject to the outcome of this petition and upon satisfying the rest of the conditions as imposed by IEBC,” Mrima ordered.
The directive came after four petitioners; Kipas Lengues, Jimmy Luka, Noonyuat Sankei and Tipapa ole Kirrokor filed a petition on Monday challenging the law that requires them to have degrees to be cleared to vie.
They are challenging the constitutionality of Section 22 (1) (b) (i) of Elections Act. The said Section requires MP (Members of the National Assembly and Senate) candidates to posses a university degree.
Through lawyer Wanjiku Thiong’o, the four aspirants from Narok told the court that they are aspiring to vie in the August polls on a UDA party ticket.
Thiong’o informed the court that her clients are aspiring to vie for the position of MP in the Senate and National Assembly in the forthcoming nominations and August 9 General Election.
They said UDA had invited qualified aspirants to submit their applications for nominations not later than February 28 and if the court does not intervene, they will be locked out of the exercise.
“There is a real and present danger that unless the matter is heard as a matter of urgency and the said provisions suspended, the petitioners will be locked out from the party nominations and subsequently General Election,” they said in court papers.
In documents filed in court, they argue that section 22(1) (b) of the Elections Act curtails their fundamental rights and freedoms by requiring that in order to be nominated as a candidate for election of a MP a person must hold a degree.
Case will be heard on March 17.
