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Organisation In Court to Bar Degree Requirement for Aspirants

Jun 21, 2021
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Sheria Mtaani Mathare based Organisation has moved to court seeking suspension of new law that requires all candidates vying for elective posts to have a degree terming it unconstitutional.

In a petition file in court Sheria Mtaani lawyer and Founder Shadrack Wambui says the degree requirement is unreasonable and therefore should not be used to deny eligible voters from vying elective posts.

‘‘That the law as is, particularly section 22(1) of the Elections Act No.24 of 2011 Laws of Kenya, indiscriminately, unfairly, unequally and unconstitutionally demands that all candidates for the available elective posts in the anticipated 2022 General elections including Member of County Assembly must possess at the very least a degree from a University recognized in Kenya,’’ the petition reads.

‘‘That the overall effect of the implementation of the impugned section of the Elections Act has the deleterious and hazardous effect of undermining the Sovereignty of the people of Kenya by robbing the voters the right to vote for their desired candidate during the nominations leading to the year 2022 general elections and/or rob the voter the right to actively participate as aspirants for the various positions that will be on offer come the year 2022 contrary to Articles 1,2 and 38 of the Constitution,2010..’’ it states.

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