IEBC Confirms No University Degree Requirement for President, Governor, or MP in 2027 Elections
IEBC states that university degree is not mandatory for presidential, gubernatorial, or parliamentary candidates in 2027 following a High Court ruling.
The Independent Electoral and Boundaries Commission (IEBC) has affirmed that candidates vying for president, governor, or member of parliament (MP) in the 2027 general elections will not need a university degree.
Commissioner Ann Nderitu explained that the degree requirement was nullified after the High Court declared the relevant section of the Elections Act unconstitutional. This ruling followed legal challenges before the 2022 polls, which questioned the eligibility criteria for elective positions.
Legal Basis for Removing Degree Requirement
The court's decision referenced Articles 27 and 10 of the Kenyan Constitution, which emphasize equality, non-discrimination, and public participation in governance. The ruling highlighted that only around 3.5% of Kenyans hold university degrees, based on the 2019 Kenya Population and Housing Census, making the degree requirement exclusionary.
Commissioner Nderitu noted, "Imposing a degree requirement would effectively bar over 96% of Kenyans from contesting for key elective offices, which the court found discriminatory."
Future Possibility of Reintroducing Educational Qualifications
While the current legal framework does not enforce a degree requirement, the IEBC clarified that educational qualifications could be reinstated through a proper legislative process. This process must include meaningful public participation and comply with constitutional provisions.
Article 99 of the Constitution allows parliament to set qualifications for MPs, but until such legislation is enacted, the degree criterion remains unenforceable.
Qualifications for Members of County Assembly
Regarding Members of County Assembly (MCAs), who previously needed post-secondary qualifications, Nderitu indicated that the court ruling raised questions about differing academic standards between MCAs and governors. The court considered their qualifications comparable, which may prompt a review of MCA requirements.