Nairobi — The High Court has termed unconstitutional the degree requirement for aspirants vying for the gubernatorial seat.

In his ruling, Justice Anthony Mrima ruled that section 22 (ii) of the Election Act which requires gubernatorial aspirants to have a degree before being cleared to vie contravenes Article 180(2) of the constitution.

Article 180(2) of the constitution provides that to be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.

Currently, according to the Elections Act for one to be eligible to vie for the seat of the Members of the County Assembly you only require a KCSE certificate.

Justice Mrima argued that since Article 180 (2) of the constitution provides that the eligibility of the county governor and that of the member of the county assembly to be the same, the election Act cannot therefore differentiate the two.

"A declaration hereby issues that section 22(ii) of the Election Act contravenes Article 180(2) of the constitution by creating an avenue for differentiation between the eligibility requirement of a governor and member of county assembly hence to that extent its unconstitutional," he stated.

The ruling will however take effect in the next general election to avert a litany of cases by aspirants in the 2022 general elections who were locked out due to lack of degree requirement.

Justice Mrima ruled that the petition was filed late and hence the impugned act cannot take effect backwards having recently conducted the general election.

"With a view of forestalling an avalanche of petitions by those who are ineligible by date of the imputed section and coupled with the late filing of the petition the declaration of unconstitutionality of the section 22(ii) of the election act shall take effect in the next general election," Mrima ruled