The Independent Electoral and Boundaries Commission (IEBC) has announced plans to petition Parliament to enact legislation establishing minimum academic qualifications for individuals seeking elective office, reigniting one of Kenya’s most divisive educational policy debates as the country approaches the 2027 General Election.
IEBC National Steering Committee Chairperson Evans Masiti said the commission was alarmed by court rulings that have repeatedly blocked enforcement of educational thresholds for political candidates, warning that without legislative clarity, a PhD holder and a Kenya Certificate of Secondary Education (KCSE) dropout could legally compete on equal terms.
“I’m happy the presidents of the courts are here. We have had pronouncements from the courts regarding educational standards. We shall be petitioning Parliament to ensure that we legislate some of the requirements because we are going to see a situation where a PhD holder and a Form Four dropout will be the same, as per what IEBC has told us. As a country, we must have some educational standards,” Masiti said.
The question of whether candidates for elective office should meet minimum academic standards has been contested in Kenya since 2011, when the Elections Act first introduced the requirement. Parliament repeatedly delayed its implementation before the matter reached the courts multiple times.
In a November 2013 judgment, Justice Isaac Lenaola ruled that post-secondary education was attainable, sufficient and constitutional. The Court of Appeal upheld that ruling in November 2019, with the appellate bench finding that setting educational standards for leaders seeking positions of power and responsibility cannot be discriminatory, as it applies to all parties equally and those who do not qualify retain the opportunity to first attain the qualifications before seeking office.
Despite those rulings, the debate shifted again in 2022. Justice Anthony Mrima declared Section 22 of the Elections Act unconstitutional in April 2022, ruling that the provision had been enacted without meaningful public participation, making it inconsistent with constitutional principles under Article 10. The ruling effectively opened the door for aspirants without degrees to contest the 2022 elections.
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Before that decision, Parliament had already passed the Elections (Amendment) Bill, 2021, which removed the degree requirement for Members of Parliament (MPs) and Members of County Assembly (MCAs). Legislators argued that leadership should be determined by the will of voters rather than academic papers, with some further claiming the requirement discriminated against capable leaders from marginalised and rural communities who may not have had access to higher education opportunities.
Currently, only candidates seeking the Presidency, Deputy Presidency, and gubernatorial seats are required by law to possess university degrees. Attempts to extend the same academic threshold to MPs and MCAs have repeatedly hit a brick wall.
The Constitution nonetheless anticipates some level of educational standards for elected leaders. Article 99(1)(b) states that a person is eligible for election as a Member of Parliament if the person satisfies any educational, moral and ethical requirements prescribed by the Constitution or by an Act of Parliament.
A similar provision under Article 193(1) applies to candidates for county assembly seats. IEBC has consistently argued that it is Parliament’s responsibility to fill that legislative gap with specific and enforceable standards.
IEBC Chairman Erastus Ethekon recently indicated that the commission was taking its time before reintroducing the matter for public debate and possible legislative action. “We are not in a hurry because if we do it now, someone will again try to frustrate the process, but we will do it at the appropriate time,” Ethekon said.
By Benedict Aoya
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