Two petitioners on Thursday filed a petition arguing that the requirements infringing the rights of individuals to elect all or be elected to office.
They added that the law violates the constitution as it introduces unnecessary hurdles for those seeking to vie for elective posts.
After high obtained public discussion on whether not requirement for legislative candidates to have university degrees should be enforced, the battle has now moved to court.
Two petitioners have filed a case under certificate of urgency at the Milimani High Court seeking an interpretation of the constitutionality section 22 of the election act.
As is the law requires MP and MCA contestants to have a degree from a recognized university as a qualification.
The first petitioner is youth policy activist Gloria Urwoba argues that Section 22 of the Election Act, violates article 38 of the constitution.
“By Parliament introducing requirement for conventional degree, via the Election Act, majority of Kenyans who would otherwise be qualified, have been locked,” said Gloria.
She she also cited the 2019 Census report which indicated that only 2% of Kenyans had a chance to access university education.
The other petitioner, Sheria Mtaani, argues that the COVID-19 pandemic disrupted the academic year 2020 entirely, therefore hampering and frustrating many Kenyans who wanted to have their degrees on time.
In a similar gesture, Elgeyo Marakwet Senator Kipchumba Murkomen had last week moved an amendment in parliament that wants anyone who is able to read and write in English or Swahili language or literacy in Kenya language to be qualified to vie.
Deputy president William Ruto has promised to martial support to suspend Election Act in parliament.
“It is not reasonable that only 1% of Kenyans qualify to vie for elective positions and we disenfranchise 99% of the population,” said Ruto.
“Mr Speaker, we cannot have people who have no basic education qualification to participate in the function of budget-making process of this house,” said Aden Duale.
“Let us be serious. You expect the chair of the budget committee like Kanini Kega here looking at budget estimates and membership of that committee has people were not gone beyond standard 7, standard 8,” said John Mbadi.
