BY SAM ALFAN.
Members of County assemblies who lack degrees have embarked on a spirited campaign for the amendment of a law that requires them to posses a university degree before defending their positions in the forthcoming elections.
The MCAs argue that it would be unfair to subject them to the same qualifications as MPs.
Further, the MCAs reason 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.
They further argue that if the said law is upheld, up to 70 percent of the MCAs will not be re-elected since they lack degrees.
Through their lawyers Prof Tom Ojienda and Charles Njenga, the MCAs told Justice Anthony Mrima that the amendments by parliament that set a requirement for the MCAs to be holder of a degree is unconstitutional.
The lawyers submitted that taking into account of the last population census, some counties and wards will miss representation if the amendment is upheld.
“MCAs do not earn the same salaries or performs same functions as their superiors,” the court heard.
The lawyers told the judge that no public participation was conducted by Parliament before the law was passed, as required by the law.
Prof Ojienda pointed out that illiterate Kenyans who are the majority could not support the ammendment 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.
High Court rule on the issue on October 15.
