A petition has been filed under certificate of Urgency at the Milimani High Court challenging the constitutionality of section 22 of the election Act that requires contestants for Parliamentary and MCAs seats to have a degree from a recognised university as a qualification.
The Petitioner Gloria Orwoba through her advocates Kariuki Karanja & Co. Advocates argues that Section 22 of the Election Act violates Article 38 of the Constitution by introducing unnecessary hurdles on the way of those who want to vie for elective posts.
By Parliament introducing requirement for conventional degree via the Election Act, majority of Kenyans who would otherwise be qualified have been locked out.
According to the 2019 census report only less than 2 percent of Kenyans had a chance to access University education. As such the 98 percent of Kenyans will have to surrender their political right of representation to the 2 percent whether they like it or not.
The Parliament further by glorifying the conventional degree have failed to consider equalising qualifications attained through skills, experience and knowledge.
This is despite the fact that the same parliament have gone ahead and enacted Kenya National Qualification Framework Act 2014.
The Act establishes Kenya National Qualifications Authority whose function includes to define the levels of qualifications and competencies, provide for the recognition of attainment or competencies including skills, knowledge, attitudes and values among other roles.
That the Kenyan government on or about the year 2017 introduced Competency based Curriculum (CBC) designed by the Kenya Institute OF Curriculum Development (KICD).
The CBC is designed to emphasize the significance of developing skills and knowledge and also applying those competencies to real life situation.
The introduction of competence-based curriculum confirms that skills, trainings and other knowledge is applicable in real life situations which includes leadership. from the statistics provided by Kenya Universities and Colleges Central placement Service (KUCCPS) board in the just released results of the year 2020 KCSE, only 16 % of the candidates will have the privilege/chance to be absorbed in the Universities for degree programmes.
The Petitioner argues it’s a matter of fact that 83.6% of the 2020 KCSE candidates will be locked out and will have to be enroll to other technical training programmes.
The Kenyan government in full realization that there are huge number of youths who do not have a chance to join the universities over time, established the Technical and Vocational Education and Training Authority under the Technical and Vocational Education and Training Act 2014.
The Petitioner states that its not reasonable nor justifiable to lock out Kenyans specifically the youths and other marginalized persons from vying as representative of their people just because they do not possess a conventional degree.
The Petitioner furthe states that Kenyan population is diverse and consists of minority communities some who even are hunters and gatherers and such communities stand discriminated if the mark for leadership is capped at conventional degree level.