Kenyans without university degrees can now contest for the country’s highest offices in the 2027 General Election, the Independent Electoral and Boundaries Commission (IEBC) has confirmed.
IEBC Commissioner Ann Nderitu clarified during an interview on Citizen TV’s Sunday Live on 23 August 2026 that the commission currently has no legal basis to enforce a university degree requirement for candidates seeking the presidency, governorship, or parliamentary seats.
“As we start now, there is no requirement for a degree for anybody. That’s the situation we are in,” Nderitu said.
The clarification follows a High Court ruling delivered on 13 April 2022 in the case of Wambui & 10 Others v Speaker of the National Assembly & 6 Others. The court declared Section 22B(1) of the Elections Act unconstitutional, invalidating the statutory degree requirement for parliamentary candidates.
The provision had made a university degree from a recognised institution a mandatory condition for nomination to Parliament and placement on political party lists.
Why the Court Struck It Down
Justice Anthony Mrima’s ruling was anchored on several constitutional grounds:
- Article 27 — equality and freedom from discrimination
- Article 10 — national values and principles of governance, including public participation
- Article 38 — political rights
- Article 56 — rights of minorities and marginalised groups
The court examined the 2019 Kenya Population and Housing Census, which showed that only about 1.2 million Kenyans — roughly 3.5 per cent of the population — held university degrees.
A quarter of degree holders were concentrated in Nairobi, while some areas had none at all.
Justice Mrima found that enforcing the requirement could effectively exclude 96.5 per cent of Kenyans from contesting elective positions and could even leave some constituencies without eligible local candidates.
“According to the ruling then, 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,” Nderitu explained.
The court also found that the process used to introduce the degree requirement did not meet the constitutional threshold for public participation under Article 10.
Impact on Presidential and Gubernatorial Candidates
The court’s decision on parliamentary candidates had a cascading effect on other offices.
- Article 137(1)(b) provides that a person qualifies to run for president if they are qualified to stand for election as a Member of Parliament.
- Article 180(2) provides that a person is eligible for election as governor if they are eligible for election as a Member of County Assembly (MCA).
Following the 2022 ruling, the removal of the degree requirement for MPs restricted the imposition of a different academic threshold on presidential and gubernatorial candidates.
What About MCAs?
Nderitu noted that the MCA requirement — which had previously required a post‑secondary qualification — had not been part of the court case. However, she added that the ruling raised questions about maintaining different standards for different offices.
Nderitu stressed that the court’s decision does not permanently prevent Kenya from having educational qualifications for elective positions. The Constitution anticipates Parliament setting such qualifications, with Article 99 providing for MPs’ eligibility.
“Unless now, maybe somebody will go to court, or we then start the process of public participation and now allow the degree process to come through the proper public participation, and what Kenyans will return, the verdict Kenyans will return upon public participation, then we go by that,” she said.
What Candidates Still Need
Despite the removal of the degree requirement, candidates must still meet all other constitutional and statutory requirements, including:
- Kenyan citizenship
- Registration as a voter
- Nomination by a political party or qualification to run as an independent candidate
- Compliance with leadership and integrity provisions
- Other requirements specific to the position being sought
Kenya is scheduled to hold its next General Election in August 2027. The IEBC has confirmed that the degree requirement will not be enforced unless new legislation is passed through the proper process before then.
“But a degree, as we start now, is not part of the requirement,” Nderitu reaffirmed.
The decision has sparked debate, with former Law Society of Kenya (LSK) President Nelson Havi cautioning Kenyans against celebrating the news, warning that the removal of academic qualifications could have unintended consequences for governance.
For now, however, the 2027 ballot is open to all Kenyans — degree or not.
