Degrees a Must in 2022

From Hon Aden Duale, MP Garissa Town, Twitter/@HonAdenDuale

Article 99(1) of the Constitution provides that a person shall be eligible for election if the person satisfies education requirements prescribed by an Act of Parliament. Section 22 of the Elections Act No.24 of 2011 provides for the academic requirements for election to the position of the President, Governor, Members of Parliament and Members of County Assemblies.

This section was amended in 2017 to require all persons seeking elective positions including MPs & MCAs to have a minimum of a degree from a recognized university. This is provided for in section 22(2A) of the Elections Act, 2011 and unless amended, it will take effect in 2022.

This amendment requiring candidates for all elective positions to possesses a minimum of a university degree in particular for Members of Parliament was informed by the current conceptualization of Articles 94, 95 and 96 of the Constitution. Whereas there are arguments that to be a leader all you need to do is to vie regardless of one qualifications, the functions that an MP is required to perform demands that one also possesses academic qualifications that can equip an MP to effectively perform these functions.

First, the legislative role of a Member of Parliament requires one to examine challenges facing the constituents and transplant them into a Bill that abides by the Constitution and stands the scrutiny of courts. Second, the oversight role of an MP requires one to among other things examine and scrutinize public accounts and expenditures and hold public officers accountable by questioning their use of power and resources allocated to them. Thirdly, the budget making process is an intricate process that requires MPs to examine allocations made to state organs and realign them where necessary to promote the economic and social development of the constituencies. The oversight role also often requires MPs to vet state officers and make informed decisions on whether to approve such persons to hold office.

Finally, the representative role of an MP requires one to effectively articulate issues of concern of his people at Parliament and look for solutions using the legal instruments available to provide for the actualization of the solutions. This in my view would require one to be well equipped and possess academic qualifications that facilitate the exercise of the legislative, oversight and representative roles effectively.

This is the law unless amended by Parliament and hence if interested in vying for any elective position in 2022, please ensure that you have a degree from a university recognized in Kenya. Whereas there are arguments that leaders are born, even born leaders require to have the academic ability to execute their legislative, oversight and representative roles effectively.

IEBC Chairman Wafula Chebukati says all candidates in the 2022 polls for the six elective and nominated positions must have a university degree. Kenya National Qualifications Authority and the Commission of University Education will provide a framework for the verification of the degrees presented by the candidates.