72 2016, the Court stated: …the issue of educational qualifications in regard to the candidates for elective political offices has been put to rest by courts of co-ordinate jurisdiction. The matter has also been settled by the Court of Appeal. The issue cannot be reopened again before this court… 28. It is only important to note that the issue of educational qualifications for those contesting political offices is no longer an issue available for determination by this court. 3.5.4.7 In 2017, section 22(1)(b) of the Elections Act was amended by the Elections Laws (Amendment) Act No 1 of 2017 to state that for both parliamentary and County Assembly elections, candidates had to hold a degree from a university recognised in Kenya. However, the same statute postponed these requirements until the next general elections after 2017. The High Court confirmed that these requirements were not applicable to any by-elections held before the 2022 general elections (Wilfred Manthi Musyoka v Returning Officer, IEBC, Machakos County & 4 Others, Constitutional Petition E004 of 2021) 3.5.4.8 In 2022, the 2017 amendments were challenged in two separate cases. The requirements in relation to those contesting County Assembly slots were declared unconstitutional for want of public participation in County Assembly Forum & 6 Others v Attorney General & 2 Others, Constitutional Petition E229, E226, E249 and 14 of 2021. Moreover, subjecting all the candidates for member of County Assembly elections to a minimum of university degrees prejudiced the rights and fundamental freedoms of those who were not able to directly acquire or afford a university degree. 3.5.4.9 Moreover, the degree requirement for candidates seeking parliamentary seats was challenged in Paul Macharia Wambui & 10 Others v Speaker of the National Assembly & 6 Others, Constitutional Petition 28 of 2021 and Petition E037, E065 & E549 of 2021 & E077 of 2022. Therefore, while these requirements had appeared settled and ‘no longer available for determination’, the provisions of section 22(1)(b)(ii) of the Elections Act were declared unconstitutional for not meeting the Constitution’s limitation of rights test under Article 24, for being discriminatory contrary to Article 27, for placing unreasonable restrictions on the exercise of political rights under Article 38(3), and for failing to consider the rights of minorities and marginalised groups as stipulated in Article 56. The provision was also impugned for failure to undertake adequate public participation. 3.5.4.10 The net result of these two decisions is that only candidates for the presidential and gubernatorial elections are required to supply proof of compliance with the degree requirement before being cleared by the IEBC. 3.5.4.11 The jurisprudence of the courts was previously that where a candidate had successfully undergone a process leading to the acquisition of the qualification required under the Constitution and Elections Act, and the Commission for University Education had recognised that process, the IEBC was obligated to accept the nomination of such a candidate (Mable Muruli v IEBC, Petition No. 93 of 2013; and Janet Ndago Ekumbo Mbete v IEBC & 2 Others, Constitutional Petition 116 of 2013). However, in 2017, Regulation 47(1) of the Elections (General) Regulations was amended by Legal Notice No 72 of 2017 to specifically require, as proof of a candidate’s educational qualification, ‘certified copies of certificates of the educational qualification’. As a consequence, it is no longer sufficient to demonstrate completion of the process leading to acquisition of a degree. Certified copies of the degree certificate are required, and where the degree is foreign, it must be accompanied by a certificate of authentication of the issuing body BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION