Members of County Assembly (MCA’S) aspirants from Eastland’s Nairobi have welcomed the high court decision that nullified a law that would have barred them from vying in next year’s polls without a degree.
The MCAs have thanked the court and judge Mrima.
John Kamau who is an aspirant MCA from mathare said he is more excited because he will be able to represent the interests of his people even though he has no degree.
Their lawyer Danstan Omari says the young man cannot afford to get a degree to vie for an MCA seat. He said the MCA’s aspirants are happy that in next year’s General Elections they will be on the ballot.
“My son who is doing law is paying almost 10m. Where will these young men get money for their education,” added Omari.
The decision came after petitions were filed by the County Assembly Forum and six others argued that the law that is set to take effect in the 2022 polls requiring contestants for Member of Parliament (MP) and Member of the County Assembly (MCA) seats to have a university degree qualification is unconstitutional.
It further the MCAs argument that it would be unfair to subject them to the same qualifications as MPs.
They were being represented by lawyer Tom Ojienda, Danstan Omari and Kariuki Karanja.The young men gathered at Milimani law courts with their banner of Sheria Mtaani where they expressed their gratitude.
On October 17, 2021, Justice Antony Mrima held that the amendment of the law (Elections Act) by Parliament in 2015 was unconstitutional as there was no public participation.
The court declared section 22 (1) (b) of the Elections Act unconstitutional because it contravened Article 10 (2) (a) of the Constitution when public participation was not taken into account.