IEBC Commissioner Ann Nderitu says a university degree is not currently required to contest for president, governor or MP in 2027, after courts struck down the requirement as unconstitutional.
The Independent Electoral and Boundaries Commission (IEBC) has clarified that a university degree is currently not required for Kenyans seeking to contest for president, governor, or Member of Parliament in the 2027 General Election.
IEBC Commissioner Ann Nderitu said the position follows court decisions that declared the degree requirement contained in the Elections Act unconstitutional, meaning the commission cannot currently enforce it during nominations. "As we start now, there is no requirement for a degree for anybody. That's the situation we are in," Nderitu said during an interview on Citizen TV on Sunday, August 23.
The clarification means aspirants without university degrees can seek elective positions in the 2027 polls, provided they meet the other constitutional and statutory requirements governing eligibility for their respective offices. Candidates must still satisfy requirements including Kenyan citizenship, registration as voters, nomination by a political party or qualification to run as independent candidates, and compliance with leadership and integrity provisions, among other position-specific requirements.
Nderitu explained that the degree requirement, contained in Section 22B(1) of the Elections Act, had been challenged in court before the 2022 General Election, with petitioners questioning whether requiring university qualifications for presidential, parliamentary, and gubernatorial candidates was constitutional. The matter was determined afterward, with the High Court ruling the provision unconstitutional.
According to Nderitu, the courts weighed Article 27 of the Constitution, which guarantees equality and freedom from discrimination, alongside Article 10, which requires public participation in the making of laws and policies.
The court also considered the proportion of Kenyans holding university degrees, citing 2019 Census figures showing only 3.5 per cent of the population held such qualifications. Nderitu said the ruling found that enforcing the requirement could effectively exclude the remaining 96.5 per cent of Kenyans from contesting for key elective positions.
"According to the ruling, it means that the rest of the Kenyan 96.5 per cent cannot participate in elections for governor, for president, and for member of parliament. Meaning then, that is discriminatory," she said.
Nderitu further explained that the degree requirement could be reintroduced, but only through a proper legislative process that allows Kenyans to participate and give their views. "Unless now, maybe somebody will go to court, or we then start the process of public participation and now allow the degree process now to come through the proper public participation," she said.
She stressed that the court decision did not mean the Constitution has no provision for educational qualifications, noting that Parliament is still expected to prescribe requirements for elective positions through proper legislation.
According to the IEBC Commissioner, until a valid new requirement is introduced, a university degree will not form part of the requirements for the affected elective positions in the 2027 General Election. "But a degree, as we start now, is not part of the requirement," she said, while reiterating that candidates must still meet all other constitutional and statutory eligibility conditions.
Nderitu noted that the position for Members of County Assembly is less settled, as the MCA educational requirement was not directly addressed by the court case in question.
The clarification has already drawn reaction from political and legal circles. Lawyer Nelson Havi, who is himself eyeing the Westlands parliamentary seat in 2027, cautioned against celebrating the development, arguing that it could work against ordinary Kenyans by favouring political elites who nonetheless value education for their own families.