Members of County assemblies who lack degrees have challenged the amendment of a law that requires them to possess a university degree by defending their positions in the forthcoming elections.
The MCAs argue that it would be unfair to subject them to the same qualifications as MPs.
Through their lawyer Tom Ojienda, the MCAs claim that Parliament should have not set same creteria as that of Members of Parliament, Governors and the president given their roles and functions are different.
“If the said law is upheld, up to 70 percent of the MCAs will not be re-elected since they lack degrees”, the MCAs argued.
Ojienda argued the amendments by parliament that set a requirement for the MCAs to be holder of a degree is unconstitutional.
The lawyer submitted that taking into account of the last population census, some counties and wards will miss representation if the amendment is upheld.
Ojienda further told Justice Mrima that MCAs do not earn the same salaries or performs same functions as their superiors.
There was no public participation conducted by Parliament before the law was passed, as required by the law, they argued.
Prof Ojienda pointed out that illiterate Kenyans who are the majority could not support the amendment as this could deny them the right of representation to the county assembly.
He singled out Mount Elgon in Bungoma County, which he said does not have a single MCA who is a graduate.
They urged the court to declare the amendment unconstitutional.
The judge will give a ruling on October 15.
You may also like
8 charged with theft of Government fertilizer worth Sh 27M.
Key lawyer Danstan Omari says Haji’s award was legal.
Pastor Ezekiel’s defense Complains over injustices at the local Tribunals.
Sports Ministry suffers a blow after High court suspends Talanta Hela Initiative.
Pastor Ezekiel’s Appeal at Tribunal to be mentioned on Thursday this week.