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MCAs sue Parliament, National Assembly and IEBC

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Members of the County Assembly have joined the growing list of those seeking to challenge the degree requirement for those eying the elective seat. 

The ward representatives through the county assembly’s forum have moved to the High Court to challenge the implementation of the requirements set to take effect in next year’s general election. 

As the debate on whether those vying for elected positions must have a degree from a recognized university as provided for in the elections act continues to gather steam. 

The county assembly’s forum is among those leading the fight to quash this. Now the fight is moving to court. 

“We have sued both houses of Parliament that is the National Assembly and the Senate who and enacted this particular law. We’ve also obviously sued the IEBC which is supposed to implement this law and we have also sued the attorney general on behalf of all the entities of government that might be involved in the implementation of this law,” Ndegwa Wahome, CAF Chairman 

The county assemblies forum argues that the degree qualification is not a prerequisite. 

There is no evidence to confirm that leaders who hold the academic qualification have a better performance, they say. 

“The constitution confirms and assures everyone equal right and we’re not going to judge anyone by the level of education and yet there is no equal provision of education to all parts of this country. It has to be progressive that now can we confirm how many degree holders do we have in this country compared to the population that we have? Clearly, it is less than 3% of this country and we cannot limit.  It is not equitably spread across this country. Like in my constituency, how many people will have a degree, and how many people of those who have degrees really want to contest for this position?  So, we are forcing also degree and masters’ holders to vacate whatever they’re doing to come and contest. Really? that is not what this country is meant for,” Kipkurui Chepkwony, said Secretary-General – CAF. 

They further argue that the real agenda is to end devolution. 

“I think there has been an attempt to really demean and stereotype county assemblies as illiterates and backwards,” Said Kipruto Kimosop, North Rift Representative – CAF. 

Section 22 1(b) of the elections act states that for a member to qualify to be elected as a member of parliament member and member of county assembly, one must have a degree from a recognized university in Kenya.  

The elections act fruther provides guidelines that the act applies to qualifications for candidates in the general elections to be held after the 2017 general election. 

Speaker Justin Muturi yesterday called on those with dissenting voices to present them in parliament as it is the only mandated institution to repeal the act. 

The case is said to be heard on July 7th in the high court 

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