A fresh legislative push to finally enforce Kenya’s long-elusive two-thirds gender rule is now on the table, after a new constitutional amendment bill was introduced in Parliament proposing the nomination of additional MPs to bridge the gender gap in the National Assembly.
The proposed law aims to operationalize Article 81(b) of the Constitution, which requires that no more than two-thirds of elective public bodies be of the same gender—a provision Parliament has repeatedly failed to meet since 2010.
How the Formula Will Work
At the heart of the bill is a nomination formula that would kick in after every general election. If the outcome falls short of the constitutional gender threshold, political parties would be required to nominate additional special seat MPs to correct the imbalance.
The target is clear: achieving at least one-third representation of either gender in the National Assembly—equivalent to 97 seats.
To reach this figure, the formula will factor in the 47 Women Representatives and the number of women elected in constituencies.
For example, if only 26 women win constituency seats, the system would trigger the nomination of 24 additional women MPs to meet the 97-seat threshold.
Political Parties on the Spot
The bill also shifts responsibility to political parties, requiring them to develop transparent, democratic nomination lists. These lists must reflect not just gender balance, but also regional and ethnic diversity, in what appears to be an attempt to curb past accusations of favoritism and elite capture in nominations.
20-Year Sunset Clause
In a notable compromise, the proposed changes are not permanent. The bill includes a 20-year sunset clause, meaning the special seat mechanism would only apply for two decades from the next general election.
Lawmakers argue this period is sufficient to create a level political playing field where more women can competitively win elective seats without affirmative action.
A Long-Running Constitutional Dilemma
Kenya has struggled for over a decade to implement the two-thirds gender rule, with multiple attempts to pass enabling legislation collapsing in Parliament due to lack of quorum or political resistance.
If passed, this bill could mark the most concrete step yet toward fulfilling one of the Constitution’s most debated provisions—though it is likely to ignite fresh political debate over the size of Parliament, public expenditure, and the balance between merit and affirmative action.
As the debate begins, all eyes will be on lawmakers—many of whom have previously shot down similar proposals—to see whether this latest attempt will finally break the deadlock.
