Why IEBC has changed tune on degree requirement for President, Governor and MP candidates

The Independent Electoral and Boundaries Commission (IEBC) appears to have changed its tune on the university degree requirement for political aspirants ahead of the 2027 General Election.

But the shift is less about the commission changing its own policy and more about what the courts have done to the law.

IEBC Commissioner Ann Nderitu said on Sunday that a university degree is currently not required for anyone seeking to run for President, governor or Member of Parliament in the 2027 election.

“As we start today, we do not have the degree requirement anywhere,” Nderitu said during an interview with Citizen TV.

That position may surprise Kenyans who remember the degree requirement being enforced during previous election cycles. IEBC’s own records from the 2022 election, for example, show that the commission dealt with candidates who were disqualified over invalid academic qualifications, including gubernatorial aspirants.

So what changed?

The answer lies in court

The biggest turning point was a series of court cases challenging academic requirements contained in the Elections Act.

In April 2022, the High Court declared unconstitutional the provision requiring a university degree for a person to qualify for election as a Member of Parliament. The court found that the provision violated constitutional requirements including public participation, equality and political rights, and declared the degree requirement inoperational and of no legal effect.

The court's decision had consequences beyond Parliament.

Article 137(1)(b) of the Constitution provides that a person is qualified to stand for President if the person is qualified to stand for election as a Member of Parliament.

That meant the law could not continue imposing a university degree on presidential candidates while the degree requirement for MPs had been struck down.

In December 2022, the High Court expressly addressed that issue and declared Section 22(2) of the Elections Act unconstitutional to the extent that it required presidential candidates to possess a university degree. The court said that requirement conflicted with Article 137 because it created different academic thresholds for MPs and presidential candidates.

The same constitutional logic affected governors.

Article 180(2) provides that a person is eligible for election as governor if that person is eligible for election as a Member of the County Assembly.

A separate 2022 High Court decision found that requiring a degree for governors while applying a different academic requirement to MCAs created an unconstitutional distinction.

In other words, IEBC is not simply deciding to remove the degree requirement. The commission is operating within court decisions that have already made the existing requirements unenforceable.

Why IEBC previously insisted on degrees

The confusion is understandable because the degree requirement was not invented by IEBC.

It was contained in legislation.

Section 22 of the Elections Act was amended over the years to introduce academic qualifications for different elective positions. The Supreme Court's review of the history of the provision notes that the original law required candidates for President, Deputy President, governor and deputy governor to have a degree from a recognised university. Later amendments extended degree requirements to parliamentary and county assembly candidates, subject to different commencement arrangements.

IEBC's role is to apply the law when conducting nominations and elections. That is why the commission previously required candidates to demonstrate that they met the applicable academic qualifications.

Its 2022 records show, for example, that aspirants were disqualified over invalid degrees.

The commission therefore did not necessarily "change its mind" about whether education is desirable for political leaders.

The legal rule it has to enforce has changed.

The degree requirement was also challenged on public participation

The courts did not only question whether a degree was an appropriate qualification.

They also examined how the requirement became law.

The High Court found that the provision requiring a university degree for MPs had been introduced without adequate public participation, contrary to Article 10 of the Constitution. It also found violations relating to equality and political rights.

That point is crucial because it explains why simply restoring the old wording in the Elections Act may not solve the problem.

If Kenya wants a minimum academic qualification for elective office, the issue has to go through a constitutionally compliant legislative process.

That includes meaningful public participation.

And that is where IEBC's position gets interesting

While Nderitu is now saying there is no degree requirement under the law as it currently stands, the commission has also been calling for Parliament to address the issue.

In June, IEBC National Steering Committee Chairperson Evans Masiti said the commission would petition Parliament to establish minimum academic qualifications for people seeking elective office.

That means the commission's two positions are not necessarily contradictory.

Position one: IEBC cannot demand a university degree where the courts have declared the existing legal requirement unconstitutional.

Position two: IEBC believes Parliament can consider establishing an academic threshold through a proper legislative process.

That is the distinction that matters as the 2027 election approaches.

Could Parliament bring the degree requirement back?

Potentially, yes—but it would have to navigate the constitutional issues identified by the courts.

The Constitution itself anticipates Parliament prescribing certain educational requirements for elective office. Article 99, for example, provides that a person seeking election as an MP must satisfy educational, moral and ethical requirements prescribed by the Constitution or an Act of Parliament.

But Parliament cannot simply revive a provision that has already been struck down and expect IEBC to enforce it.

A new requirement would need to comply with the Constitution, including requirements around public participation and political rights.

And any new law could itself face another court challenge if it is viewed as discriminating against citizens or unnecessarily limiting their right to contest for elective office.

Why the issue matters to 2027 candidates

For politicians preparing for the 2027 election, the immediate question is straightforward:

Do I need a university degree to run?

As things stand, IEBC's answer is no for President, governor and MP.

But that does not mean candidates have an unrestricted right to contest.

Other constitutional and statutory requirements remain in force, including requirements concerning citizenship, voter registration, nomination, integrity and other eligibility conditions.

It also does not mean the education debate is over.

IEBC's push for Parliament to establish minimum academic standards means the rules could still become a political and legislative issue before candidates formally enter the nomination process.

The bigger question is therefore not simply whether politicians need degrees.

It is what minimum qualification, if any, should Kenya require for people seeking public office—and who should decide that threshold?

That debate pits two constitutional principles against each other: the right of citizens to participate in politics and the argument that public office requires certain minimum skills or educational standards.

The courts have already made one thing clear: such a restriction cannot simply be imposed without respecting the Constitution.

For now, IEBC is bound by that legal position.

And unless Parliament successfully changes the law through the proper process—or a new court decision alters the position—a university degree will not be a qualification IEBC can demand from presidential, gubernatorial or parliamentary aspirants in the 2027 election.