Lawyer files petition seeking MP degree requirement stay
By People.Reporter, February 15, 2022
A city lawyer Adrian Kamotho has lodged a fresh application seeking to suspend a law requiring all persons seeking MP positions during the August polls to have a university degree.
In a certificate of urgency filed before the High Court, Kamotho wants Section 22 of the Elections Act in respect to MPs nullified on grounds that the Independent Electoral and Boundaries Commission (IEBC) has released the 2022 General Election calendar and declared August 9 as the date for the election for MP.
According to court papers, the lawyer also argues the gazette notices declaring elections for the said position do not disclose the educational requirements applicable to the position.
“That pending the hearing and determination of the Petition herein, section 22 (1) (b) (i) as read with section 22 (1) (a) of the Elections Act, 2011, be and is hereby stayed or suspended,” petitioner asks.
Kamotho says that Article 99 (1) (b) of the Constitution provides that a person is eligible for election as a MP if he or she satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament.