Critique on The Invalidation of The Degree Requirement for Members of Parliament in Kenya: A Case of Good Governance

Abstract

Formal education holds immense significance within any society, serving as cornerstone for individual development and societal progress. It provides individuals not just with practical skills and knowledge pertinent to their civic duties but also nurtures as sense of political self-assurance, thereby fostering a sense of political efficacy. Every citizen has a right to education. In Kenya, academic qualifications for parliamentarians are set in place to ensure that members of Parliament possess the necessary educational background and expertise to effectively perform their duties and responsibilities as outlined in the constitution. This paper argues that higher education for MPs plays a significant role in modern democracy given the scope of their legislative role in law-making. Further, effective representation is essential to every Kenyan citizen as enshrined in the constitution. However, absence of prescribed academic qualifications for members of parliament deprives Kenyan citizens their right to prompt and quality representation. Further this paper emphasises crucial role of robust public participation in the successful initiation and implementation of legislation mandating members of parliament to hold university degrees. Inadequate engagement has fundamentally undermined success of such laws, leading to their failure. Additionally, this research conducts comparative analysis of academic qualifications requirements in other jurisdictions. Lastly the paper proposes several strategies to enhance public participation in enacting laws, specifically those pertaining academic qualifications for members of parliament.