68 so long as certified copies of the same are produced, and where the degree is foreign, it is accompanied by a certificate of authentication of the issuing body by the Commission for University Education (Regulation 47, Elections (General) Regulations 2012; and Gideon Keya and Another v Wavinya Ndeti and Others, Machakos High Court Judicial Review No. 2 of 2022). 3.5.1.15 Courts in other jurisdictions have also grappled with questions of leadership and integrity. A decision from South Africa, albeit addressing an appointive position, is instructive. In Democratic Alliance v President of the Republic of South Africa & 3 Others, 263/11 [2011] ZASCA 241, the Supreme Court of Appeal of South Africa had to make a determination on whether the person appointed by the President as the National Director of Public Prosecutions (NDPP) was a fit and proper person within the meaning of section 9(1)(b) of the National Prosecuting Authority Act, 32 of 1998. The section requires that any person to be appointed as the NDPP must be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned. The Court held: It is clear that the President did not undertake a proper enquiry of whether the objective requirements of s 9(1)(b) were satisfied. On the available evidence the President could in any event not have reached a conclusion favourable to Mr Simelane, as there were too many unresolved questions concerning his integrity and experience. 3.5.2 Eligibility and Qualifications 3.5.2.1 The qualifications for elective office are spelt out in the Constitution and the Elections Act. A person qualifies for nomination as a presidential candidate if they are: (i) a citizen by birth; (ii) registered as a voter; (iii) qualified to stand for election as a member of Parliament; (iv) nominated by a political party or they are an independent candidate; (v) nominated by not less than 2000 voters from each of a majority of the counties (at least 24 counties); and (vi) a holder of a degree from a university recognized in Kenya (Article 137 of the Constitution and Section 23 of the Elections Act, 2011) 3.5.2.2A person is disqualified from being a presidential candidate if they owe allegiance to a foreign state or they are a public officer/or acting in any state or public office, other than office of President, Deputy President or Member of Parliament (Section 23(2) Elections Act, 2011). 3.5.2.3 The qualifications of a Deputy President candidate are similar to those of a President (Article 148(1) of the Constitution). By dint of Article 148(2) of the Constitution, however, no separate election is conducted for the office of Deputy President as upon the nomination of a deputy president candidate by a presidential candidate, the two candidates are linked, and the IEBC is under a duty to declare the nominated Deputy President duly elected upon the election of the presidential candidate who nominated them. 3.5.2.4A person is qualified to be nominated as a County Governor or Deputy Governor candidate if: BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION