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{
    "id": 1166077,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1166077/?format=api",
    "text_counter": 259,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "received in 2011, it is very clear that this provision was not well-thought-out. I will explain why. Number one, as I have said, out of the vast majority of Kenyans, only 3.5 percent have a degree, while 96.5 percent of Kenyans do not have a degree. The 2019 census showed that in Mau East District, Narok County, not a single person was recorded to have a degree. In Mt. Elgon Sub-County, it was also clear from the census that there is no one individual who has a degree. That does not mean that people form Mt. Elgon do not have degrees. It shows that most of the degree holders from this area have migrated to other areas, either to Kitale Town or Nairobi. In fact, Sen. Sakaja should be aware that 25 per cent of the 1.2 million Kenyans, which is nearly 300,000 of the graduates, reside in Nairobi and the rest move to cities like Nakuru, Kisumu, Mombasa and other towns around Nairobi; talk about Machakos, Kiambu, Rongai and other areas. I think it is unfair that when we talk about degree qualification and say that only 3.5 per cent of Kenyans should qualify to vie as MCAs and MPs. It is unfair to say that 96.5 per cent of Kenyans should only choose leaders from 3.5 per cent of their population. Number two, the reason I think this degree requirement is unfair and unfortunate is because it is clear in Article 38 of the Constitution that everyone has a right without unnecessary restrictions to enjoy political rights. I can just imagine that the Kenyan people wrote a Constitution to govern 100 per cent of the people of Kenya, but then from a Statute, we tell them that Article 38 will only be enjoyed by 3.5 per cent of the population. How unfortunate to say that Article 38 is good but we have put some restriction. I agree with the Judge who in the case of the County Assemblies Forum against the Independent Electoral and Boundaries Commission (IEBC) and others said that it was not feasible that MCAs should only come from 3.5 of Kenyan people, 25 per cent of whom have migrated to Nairobi and other cities to look for money and a better life. Now, you are telling them that this special club of individuals can now go to Isiolo, Wajir or Elgeyo-Marakwet to run for seats and if they do not get, to come back to the City. You are telling people who live in those vicinities - the teachers who have taught in Embobut Ward for 10 years – that they are not qualified to become an MCA in that area. That is unreasonable restriction. That is a violation of Article 38 of the Constitution. I am glad that already the courts have assisted us. The courts have already said that a degree requirement for MCAs is unreasonable. However, that is the same section that captures also Members of the National Assembly. Just imagine in the 290 constituencies, we are saying the only people qualified to run for these offices are those who have degrees. I have no doubt in my mind that a properly prosecuted matter in a court of law today would bring the same results that the Judge arrived at when he spoke about the county assembly, especially if you put the statistics on the table to indicate that you cannot lock out 96.5 per cent of Kenyans from running for office as Members of Parliament."
}