Monrovia – While appearing as a guest on a live radio program in Monrovia, the Chairman of Unity Party, Rev. Luther Tarpeh claimed that the government of Kenya has passed a law requiring that anyone who wants to become a member of parliament must have a degree in law.
Report By: Varney Kelvin Sirleaf | LVL Fact Checker
Rev. Tarpeh’s claim was in defense of his argument that individuals who aspire as lawmakers (legislators) in Liberia must have some level of academic credential.
Rev Tarpeh said: “Do you know that the Kenyan government has passed a law that before you become a lawmaker you must have a law degree?”
LVL Fact Checking Desk verified the Unity Party Chairman claim and found that the Kenyan Elections Act of 2011 states in Section 22 subsection (1) (b) (i) that a person may be qualified to be nominated as a candidate and elected as a member of parliament if such person “holds a degree from any university recognized in Kenya”.
However, further research shows that the Supreme Court of Kenya has since declared that aspect of the Kenyan elections law unconstitutional following two separate challenges against that section of the law were filed before the country’s high court.
In its October 15, 2021 ruling, the Supreme Court in the first case nullified the section of the election law that required aspirants for Members of a County Assembly (MCA) to have a degree before contesting.
And later in April 2022, four months before the country’s 2022 general elections, the Supreme Court also ruled that the session of the Elections Act which requires MPs (members of Parliament) to have degrees is unconstitutional.
Conclusion
Based on our research, we conclude that persons aspiring to become members of Kenyan Parliament do not have to have a University Degree to contest in the election. Although the election law carried said requirement, it was however declared unconstitutional by the Supreme Court in April 2022.
Therefore, we conclude that the claim made by Rev. Tarpeh that the government of Kenya has passed a law requiring aspirants for parliament to have a law degree before contesting is incorrect.
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