Aspirants planning to vie for political seats in next year’s General Election but do not have degree certificates now have some slim hopes of realising their dreams.
This after a Senate committee approved for publication a bill scrapping the academic requirement for any elective seat.
The Justice, Legal Affairs and Huma Rights Committee endorsed the Elections (Amendment) Bill, 2021 removing the condition.
The proposed law is sponsored by Elgeyo Marakwet senator Kipchumba Murkomen.
The panel chaired Nyamira senator Okong’o Omogeni also approved another bill by Narok senator Ledama Ole Kina that exempts MCA hopefuls from the mandatory degree requirement.
The two bills are amending section 22 of the Elections Act that requires all candidates for political seats to have degree certificates from next elections.
The controversial law was passed in 2011 but its execution has been deferred in the 2013 and 2017 elections ostensibly to allow politicians without the document acquire it.
Omogeni said that both bills meet the Constitutional threshold and thus should proceed to the publication stage.
“Ours at this stage is to determine whether the bills meet the constitutional threshold,” the chairman said during the committee meeting with the two legislators on Thursday.
In the Murkomen’s bill, the former Majority leader is proposing that any Kenyan who is able to read and write should be allowed to run for a political office.
“The purpose of this Bill is to amend the Election Act, No.24 of 2011 to enable a person who is able to read and write to be nominated as a candidate for elections as a member of Parliament,” the bill read in part.
Murkomen argues that the current law is unconstitutional as it bars Kenyans without degrees from exercising their rights.
“The provision as contained in the Elections Act is not only restrictive but discriminates against persons who may not have a degree as it stipulates that only persons who have a degree have the capacity to serve in public office,” Murkomen said.
In his bill, Olekina is retaining the degree requirement for members of Parliament but reduces the threshold to a form four certificate for MCAs.
MCAs who have served for at least two terms, one term as a member of county assembly under the new constitution and another term as a member of the local authority under the repealed Local Government Act do not need to hold the form four certificate.
“The principal object of this Bill is to amend the Election Act, No. 24 of 2011 in order to ensure equality to all candidates who aspire to vie as members of a county assembly during elections,” the bill states.
During the meeting, Olekina and Murkomen made a case for their bills, stating that the current law is discriminative.
“We have many people in our areas who do not have degrees but we cannot lock them out of elective seats,” Olekina said.
The members appealed to the two to consolidate their bills for faster consideration in the House given that the elections are barely a year away.
“There is need to expedite this bill because it is a long process considering elections are just around the corner,” Makueni senator Mutula Kilonzo Jr said.
But the chairman ruled that the decision on whether the two can consolidate their bills will be canvassed by the two leaders or decided during a debate on the flow. BY THE STAR