Kenyans seeking to contest for president, governor, or Member of Parliament in the 2027 General Election will not be required to hold a university degree under the current legal framework, IEBC Commissioner Ann Nderitu has said.
Nderitu said the Independent Electoral and Boundaries Commission (IEBC) has no legal basis to demand university degrees from aspirants for the three elective positions as preparations for the 2027 polls gather pace.
“As we start today, we do not have the degree requirement anywhere,” Nderitu said during an interview with a local television station on Sunday night, August 23, 2026.
The clarification comes after years of legal uncertainty over academic qualifications for elective office. The issue became particularly contentious before the 2022 General Election after Parliament introduced provisions requiring certain candidates to hold university degrees.
The Constitution itself does not expressly state that a presidential, parliamentary or gubernatorial candidate must possess a university degree.
Instead, Article 137 provides the qualifications for election as President, including being a citizen by birth, being qualified to stand for election as a Member of Parliament, and being nominated by a political party or supported by voters as an independent candidate.
Article 99 sets out qualifications for Members of Parliament, while Article 180 provides that a person is eligible for election as governor if qualified to stand as a Member of the County Assembly.
The Constitution generally leaves educational requirements to be prescribed by legislation.
Article 99(2)(a), for example, states that a person is eligible for election as an MP if the person satisfies any educational, moral and ethical requirements prescribed by the Constitution or an Act of Parliament.
However, courts have since struck down statutory provisions that imposed university degree requirements.
In April 2022, the High Court declared Section 22(1)(b)(i) of the Elections Act unconstitutional and nullified the requirement for parliamentary candidates to possess a degree from a university recognised in Kenya.
The court found that the provision violated constitutional protections including equality, political rights and the rights of minorities and marginalised groups.
The court also found that adequate public participation had not been undertaken before the requirement was enacted.
A subsequent High Court decision in December 2022 held that the eligibility requirements for the presidency and Parliament were constitutionally linked. It declared unconstitutional the provision in the Elections Act that separately required presidential candidates to hold university degrees.
The court reasoned that Article 137(1)(b) places presidential eligibility on the same footing as eligibility for election to Parliament.
It consequently held that legislation could not impose a university degree requirement on presidential candidates while the same requirement had been removed for MPs.
The legal position similarly affected governors. Article 180(2) links eligibility for governor to qualification for election as a Member of the County Assembly, while courts have found statutory degree requirements for elective positions unconstitutional.
Nderitu explained that the absence of a degree requirement does not end the debate over academic qualifications.
She said the Constitution anticipates Parliament establishing the relevant requirements through legislation.
“The Constitution anticipates Parliament providing legislation that interprets and operationalises the relevant qualification requirements.”
She added that IEBC intends to petition Parliament to establish clear minimum academic qualifications for people seeking elective office.
For now, however, IEBC cannot impose a blanket university degree requirement when clearing presidential, gubernatorial and parliamentary candidates for the 2027 election.
The issue could therefore return to Parliament, where lawmakers would have to balance minimum educational standards against constitutional political rights, equality and the requirement for meaningful public participation.
With candidate nominations scheduled for May 29 to June 11, 2027, the clarification gives prospective candidates greater certainty over the qualifications currently required to enter the race.