DEGREE A MUST IN 2022.

1. Article 99(1) of the Constitution provides that a person shall be eligible for election if the person satisfies education requirements prescribed by an Act of Parliament.

2. Section 22 of the Elections Act No.24 of 2011 provides for the academic requirements for election to the position of the President, Governor, Members of Parliament and Members of County Assemblies.

3. This section was amended in 2017 to require all persons seeking elective positions including Members of Parliament and County Assemblies to have a minimum of a degree from a university recognized in Kenya. This is provided for in section 22(2A) of the Elections Act, 2011 and unless amended, it will take effect in the 2022 General elections.

4. This amendment requiring candidates for all elective positions to possesses a minimum of a university degree in particular for Members of Parliament was informed by the current conceptualisation of Articles 94, 95 and 96 of the Constitution.

5. Whereas there are arguments that to be a leader all you need to do is to vie regardless of one qualification, the functions that a Member of Parliament is required to perform demands that one also possesses academic qualifications that can equip an MP to effectively perform these functions.

6. First, the legislative role of a Member of Parliament requires one to examine challenges facing the constituents and transplant them into a Bill that abides by the Constitution and stands the scrutiny of courts.

7. Second, the oversight role of an MP requires one to among other things examine and scrutinize public accounts and expenditures and hold public officers accountable by questioning their use of power and resources allocated to them.

8. Thirdly, the budget-making process is an intricate process that requires MPs to examine allocations made to state organs and realign them where necessary to promote the economic and social development of the constituencies.