Controversy played out alongside high-profile cases involving politicians such as then Senator...
A university degree is not currently required to contest for president, governor or Member of Parliament positions, after courts struck down laws imposing the academic qualification.
The requirement was quashed by the High Court in Nairobi on April 13, 2022, following five consolidated petitions challenging the university degree requirement, which the electoral commission had been preparing to enforce in the August 2022 elections.
The controversy played out alongside high-profile cases involving politicians such as the then Nairobi Senator Johnson Sakaja, whose university academic qualifications were challenged when he sought the Nairobi governorship.
Justice Anthony Mrima declared the degree requirement unconstitutional and nullified Section 22(1)(b)(i) of the Elections Act, which required parliamentary candidates to hold university degrees. The provision had been introduced through the Elections Laws (Amendment) Act, 2017.
He found that Parliament had not adequately consulted the public before introducing the requirement, and that the law violated constitutional rights to equality, political participation, and the protection of minorities and marginalised groups. He therefore declared the provision invalid and ruled that a university degree was no longer required to contest for an MP seat.
The position was confirmed recently by a member of the Independent Electoral and Boundaries Commission (IEBC), Commissioner Ann Nderitu, as prospective candidates prepare for the 2027 General Election. She said the commission has no legal basis to demand a degree for those offices.
"We do not have the degree requirement anywhere," Ms Nderitu said in a television interview, adding that the position followed court decisions that invalidated the statutory degree requirement.
Eleven petitioners, including serving MCAs seeking parliamentary seats, aspiring candidates and an advocate, challenged the provision in five cases later consolidated before the High Court in Nairobi. The petitioners were lawyer Adrian Kamotho Njenga, Kipas Lengues, Jimmy Parnyumbe Luka, Noonyuat Sankei, Tipapa Ole Kirpokop, Paul Macharia Wambui, Joseph Karanja Muchai, David Kimani Njenga, Donald Makana, Stephen Muthuka and Festus Ndeto.
They argued that the requirement restricted political rights, discriminated against Kenyans without degrees, and affected marginalised groups. They also challenged the lack of public participation in the law's enactment.
The judge said Parliament needed wider engagement before creating such a qualification. It should have considered national statistics, consulted education and devolution experts, and weighed the proposed requirement against the constitutional right to representation.
"Given the appalling state of affairs, I find and hold that there was no meaningful public participation towards the enactment of section 22(1)(b)(i) of the Elections Act," Justice Mrima said.
He added that public participation was not a formality; Parliament had to listen to concerns, values and preferences before making an informed decision.
The court also examined whether the degree requirement unlawfully limited constitutional rights, and found that the provision violated Articles 24, 27, 38(3) and 56, which concern the limitation of rights, equality, political participation, and the protection of minorities and marginalised groups.
Justice Mrima therefore issued an order removing the qualification. "Section 22(1)(b)(i) of the Elections Act is inoperational, of no legal effect and void ab initio," he ruled.
"For clarity, the requirement that a person must possess a degree from a university recognised in Kenya to qualify to be a Member of Parliament in Kenya is hereby nullified," he stated.
The judgment followed earlier litigation over education requirements. In 2012, Parliament amended the Elections Act after an earlier court decision struck down a previous education requirement. The 2017 amendment then introduced the university degree threshold for MPs and MCAs.
The degree question reached other elective offices because constitutional provisions link eligibility for president and governor to the qualifications required for Parliament and county assemblies. Subsequent court decisions therefore affected the enforceability of degree requirements beyond Parliament.
The ruling has revived debate about whether Kenya should have minimum academic standards for elected leaders. In June 2026, the IEBC said it would petition Parliament to enact legislation setting minimum academic qualifications for people seeking elective office.
The IEBC's National Steering Committee chairperson said the commission wanted clear academic benchmarks after court decisions affected enforcement of education requirements.
Parliament has considered legislation to align the Elections Act with the court rulings. The Elections (Amendment) Bill, 2024 proposed deleting Section 22(1)(b), noting that its education requirements for MPs and MCAs had been declared unconstitutional.
The court did not rule that education has no place in political leadership; its decision concerned the legality of the requirement and the process used to introduce it. Justice Mrima noted that lawmakers could consider such qualifications in future, but said any requirement must be developed with adequate public participation and regard for Kenya's educational realities and the constitutional right to representation.
That leaves the 2027 position clear for the offices addressed by IEBC: a lack of a university degree, by itself, cannot be used by the commission to block a presidential, gubernatorial or parliamentary aspirant.
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